Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Application U.O.21.R.97 CPC can be dismissed in limine if obstructer fails to satisfy Court his prima facie right to show resistance to execution - Enquiry can be held only when executing Court finds that obstructor has got a semblance of right or interest which requires detailed enquiry..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Third party who has got interest in the property which is subject matter of execution proceeding can file an application U.O.21.R.97 CPC - However, there must be a decree for possession or an immovable property should have been attached and sold in the course of execution proceeding and..........
Will -- Proof of - Will by execution is an instrument and becomes an enforceable legal document by proof in accordance with law...........
Agreement to sell -- Validity - Mere non-delivery of possession in pursuance of agreement to sell despite having paid half of sale price cannot be taken to be suspicious circumstance about its valid execution especially, in the facts wherein maximum period for execution of sale deed as per terms of agreement was six months - Agreement to sell is valid - Suit rightly..........
Agreement to sell -- Validity - Once purchase of stamp paper used for the purposes of execution of agreement to sell was doubtful, in the absence of examination of person to support said purchase, agreement to sell rightly discarded by Courts below especially when none of marginal witness belong to the same village to which parties to it belonged...........
Will -- Executed in favour of stranger to the exclusion of son and his wife - Testator was not ordinarily residing with his son and wife and relations between them were not absolutely normal - Will was a registered document - Testator was in best of his health and also was in sound disposing mind at the time of its execution - He remained alive for about eight years after..........
Will -- Due execution - One attesting witness claimed that testatrix affixed her signatures in Will in their presence, which was vehemently denied by other attesting witness - Neither of attesting witnesses of Will fulfilled the mandate of S.63(c) of Succession Act to prove Will - In consequence, S.71 of Evidence Act had role to play in the matter - However, neither the..........
Will -- Proof of - Attesting witness of Will stated that testatrix may have lived for 2-3 years after execution of Will - However, she lived for barely a month and a half after execution of Will - Fact that attesting witness did not recall this crucial detail casts any amount of doubt on his credibility - Evidence of attesting witness does not inspire confidence on the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - Execution of cheque proved - Accused did not successfully rebut presumption in favour of complainant - He has no case that he has not borrowed the money - Accused has not explained how his cheque happened to be in possession of complainant - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - Execution of cheque proved - Accused did not successfully rebut presumption in favour of complainant - He has no case that he has not borrowed the money - Accused has not explained how his cheque happened to be in possession of complainant - Conviction upheld...........
