Civil Procedure Code, 1908, Order 21, Rule 52 -- Attachment of property in custody of Court - Execution application - Transfer of - Question of title between D Hand Stranger - Also pending - Also to be decided by Transfer court - Transferee Court need not remit amount automatically to transferor Court...........
Evidence Act, 1872, Section 68 -- Registered document - A document by law required to be attested is required to be proved in accordance with S.68 of Evidence Act - Mere registration does not dispense with the need of proving execution and attestation...........
Registration Act, 1908, Section 58, 59 -- Registered document - Registrar is required to endorse he particulars at the time of registration viz. (1) the date, hour and place of presentation of the document for registration; (2) the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative,..........
Succession Act, 1925, Section 63, 70 -- Will - Codicil of Will - Revocation or modification of Will by way of codicil - Standard of proof of execution of a codicil are the same as are applicable to execution of a Will...........
Will -- Execution - Proof - Testator aged 85 years at the time of execution of Will and was living with his second wife and their son - Property bequeathed in favour of children of first wife and second wife but not in equal shares - Unequal distribution was due to fact that children of first wife had received sufficient landed property by way of gift and were settled..........
Registration Act, 1908, Section 75, 47 -- Sale deed - Executed but vendor not participating in its registration - Registrar ordered its registration - On registration of a document it dates back to its date of execution - Any subsequent sale by vendor to anyone else is illegal and void...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Dispossession - Open vacant land - When possession of open vacant land is delivered in execution of a decree it amounts to dispossession of the owner - Merely because at the time of execution of the decree owner was not physically present it cannot be said that delivery of possession to D.H. by Court does not amount to..........
Civil Procedure Code, 1908, Order 21, Rule 101, 99, 97 -- Open vacant land - In execution of decree owner dispossessed as possession reported to be delivered to D.H. - Owner looses his right and control over the land when Nazir of Court delivered possession to D.H. - Such a person can make an application to executing Court and seek adjudication of his right and title in..........
Civil Procedure Code, 1908, Order 37, Rule 3(5), Negotiable Instruments Act, 1881, Section 118 -- Summary suit for recovery - Filed on the basis of pronote - Pronote a negotiable instrument - Denial of receipt of consideration as also signature on pronote by defendant - Plaintiff has to prove execution of pronote in accordance with law - His plea that there is presumption..........
Civil Procedure Code, 1908, Section 47, Order 9, Rule 9 -- Execution application - Dismissed in default - Second application for execution without getting the first application restored is maintainable...........
