Succession Act, 1925, Section 63(c), Evidence Act, 1872, Section 68, 101, 102, 103, 104 -- Will - Execution - Proof - Burden is on propounder of Will to prove that instrument propounded is last Will of free and capable testatrix - When propounder leads evidence of attesting witnesses to show that Will bears signature or mark of testatrix, he can be said to have discharged..........
Will -- Suspicious circumstances - Execution of will proved - It is for the propounder to dispel suspicious circumstances - Court can decline to give effect to the will if it is shrouded with suspicious circumstances...........
Will -- Suspicious circumstances - Taking active part by a beneficiary at the time of execution of will - One of the sons separated long back - Will in favour of the sons of the other son with whom executant aged 90 years and illiterate was living - Held, it was natural for him to accompany the testator and the same is not a suspicious circumstance...........
Will -- Execution - Proof - Appreciation of evidence - Contradictions in the statement of witnesses - Other evidence sufficient to prove the execution of the will - Held, that with the passage of time of ten years minor contradictions are bound to occur - Due execution of Will upheld...........
Transfer of Property Act, 1882, Section 55 -- Rights and liabilities of buyer and seller - Appellants-plaintiffs, builders and developers entered into an agreement with defendants to sell landed property owned by respondents - On execution of agreement appellants paid a sum of Rs.38 lakhs as deposit or earnest money - Respondents did not perform their part of contract for..........
Limitation Act, 1963, Section 15(1), Article 136 -- Execution - Limitation - Deductions for period for which proceedings had been stayed - Permissible irrespective of the fact as to who had obtained such stay order from the Court...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Subrogation of right - Insurance company settled claim of consignor for short delivery of consignment - Letter of subrogation executed by consignor in favour of insurance company - Complaint filed by Insurance company claiming compensation from carrier and consignor also joined as complainant - Held that..........
Civil Procedure Code, 1908, Order 21, Rule 92, Constitution of India, 1950, Article 226, Evidence Act, 1872, Section 115 -- Estoppel - Execution - Directions of High Court to sale property by public auction after publication - Private offer - Challenge to - Contrary to orders of Court alleged - Subsequent offer sale by private negotiation by objector - Not valid - Claim by..........
Insurance claim -- Discharge voucher - Execution of - Case of the complainant that he neither executed any discharge voucher nor has accepted any amount and had given only his signature on blank paper - The complainant held entitled to the claim as per the loss assessed by the Assessor alongwith interest...........
Agreement to sell -- Suit for specific performance - Ready and willing - Remaining present in the office of Sub Registrar for execution of deed on the day fixed for execution and registration of sale deed proves readiness and willingness on the part of the plaintiff...........
