Registration Act, 1908, Section 47 -- Where two documents are executed on the same day, the time of their execution would determine the priority irrespective of the time of their registration - The one which is executed earlier in time will prevail order the other executed subsequently...........
Will -- Execution - Proof - Only witness examined stated in examination-in-chief that the Will was written at the dictation of so many persons and that testator all the time sat as a silent spectator and in fact she did not know anything about that - Held, this circumstance in itself is sufficient to discard the Will...........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 17, Article 127 -- Limitation Act does not make any distinction between a mere application to set aside sale in execution of decree and an application to set aside sale on ground of irregularity or fraud - They are governed by Art.127 - Application when based on fraud limitation starts to run only..........
Civil Procedure Code, 1908, Section 60, Maharashtra Rent Control Act, 2000, Section 26 -- Tenanted premises - Attachment and sale of tenanted premises in possession of J.D. in execution of a decree passed against the tenant would be against the privations of S.26 of Maharashtra Rent Act...........
Civil Procedure Code, 1908, Order 21, Rule 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 -- Execution - Sale - Is to be in accordance with prescribed procedure - Court is bound to follow the said mandatory procedure and in no case, except where the J.D. himself gives consent, Court can dispense with or by pass the prescribed..........
Civil Procedure Code, 1908, Section 47 -- Execution filed by a person succession to the property on basis of Will - Proof of Will in this proceedings is not required as there is no dispute regarding the ownership and succession of the property...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 8 -- Provisions of O.22.Rr.3, 4 and 8 CPC do not apply to execution...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Transferee - A transferee of rights in the property, which is the subject-matter of the suit, may apply for execution of the decree without a separate assignment of the decree...........
Civil Procedure Code, 1908, Section 47 -- Death of D.H. after passing of decree - Execution filed by a person succeeding to the property on basis of Will - Probate or letters of administration is not required for filing execution...........
Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Verification - Accompaniment of affidavit - Does not amount to verification - Verification in itself is an essential and independent requirement of the affidavit...........
