Agreement to sell -- Suit for specific performance - Vendor had option to retain property by returning with interest, advance received within one year from date of execution of agreement - Such clause in agreement confers on vendor right not to part with property and to terminate agreement at his option - Offer to sell is not unconditional and absolute - As time stipulated..........
Will -- Beneficiary - Presence at time of execution or registration - In absence of any material to the contrary, mere presence of beneficiary at the time of execution of the will or at the time of registration of the will is not a suspicious circumstance...........
Will -- Execution - When it is proved that Will was executed in presence of two witnesses and that testator was in sound disposing mind then presence of beneficiary at the time of execution of will or at the time of registration of will, without anything more, is not of any significance and that by itself is not a suspicious circumstance...........
Criminal Procedure Code, 1973, Section 89, 436 -- Bailable offence - Non bailable warrants issued for procuring presence - The moment such a person is either produced in execution of warrant of arrest or appear on his own has to be released on furnishing bond with or without surety as liberty of no person can be curtailed, abridged or put in shelf in a case where he is..........
Evidence Act, 1872, Section 101, 102, 103, 104, 111 -- Execution of document by old, illiterate, ailing person who is unable to comprehend nature of document or contents thereof - Must be established that there was not mere physical act of executant involved but also the mental act - Observations of Supreme Court in Mst. Kharbuja Kaur's case AIR 1963 S. C. 1203 applicable..........
Evidence Act, 1872, Section 111, 101, 102, 103, 104 -- Validity of transactions between persons standing in a confidential relation to each other - Very material to see whether person conferring a benefit on the other had competent and independent advice - Age or capacity of person conferring the benefit and the nature of the benefit - Of very great importance in such..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 9 -- Attachment - Appellant purchased the property and applied for raising of attachment - Application dismissed for default - Property put to sale in auction - Application U.O.21.R.58 filed in execution - Inquiry provided U.O.38.R.8 is to..........
Evidence Act, 1872, Section 78(6), 85, Registration Act, 1908, Section 33 -- General Power of attorney - Executed by a person residing outside India - Duly authenticated by a Notary Public - Fulfills the requirement of S.33 Registration Act - It does not require registration in India - Its original or certified copy is admissible in evidence and attaches a rebuttal..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree will be a nullity if passed by Court not having jurisdiction - Lack of jurisdiction in the Court passing the decree must be patent on its face in order to enable the executing Court to take cognizance of such nullity based on want of jurisdiction otherwise normal rule that an Executing Court cannot go behind the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Plea that opportunity to deposit arrears of rent before passing the decree not granted as provided by the statute - It was for the tenants to have invited the attention of Court by making an application so as to avail an opportunity of wiping out the effect of their default - On the face of it decree suffers from a..........
