Will -- Execution - Proof - Lies on the propounder of the Will - Court's conscience must be satisfied that it is the last Will of a free and capable testator i.e. testator was in a sound and disposing sate of mind and memory - Onus is discharged if propounder leads evidence to show that the Will bears the signature and mark of the testator and that the Will is duly..........
Will -- Attesting witnesses - Who is? Attestor should witness the execution thereby thus implying his presence on the occasion and secondly that he should certify for execution by subscribing his name as a witness which implies consciousness and intention to attest...........
Housing -- Plot - Refund - Complainant-Respondent No.1 could not build on the plot of land due to non-sanctioning of layout by State Development Authority despite paying the price, registration charges and getting the sale deed registered - State Commission directing refund of money and charges for execution of sale deed to the complainant and at the same time the..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Delay of 554 days - Condonation - Plea that the person who was appearing on behalf of company left the service since 1994 because of death of his son and none informed about further proceedings in Court - Exparte decree passed on 17.9.1993 - Knowledge was in..........
Land Acquisition Act, 1894, Section 51A, Evidence Act, 1872, Section 77, 74(2), 76 -- Land Acquisition - Compensation - Sale deeds - Certified copies of registered sale deeds are admissible in evidence without proof of the execution of the documents by the vendor/purchaser or any other witness...........
Contract Act, 1872, Section 127 -- Guarantee - Past loan transaction - Loan prior to execution of guarantee deed - In absence of specific stipulation in guarantee deed that guarantee covers past loan transactions also, guarantor cannot be held liable to indemnify Bank in respect of past loans and consequently no decree can be awarded against such guarantor, in suit for..........
Will -- Execution - Proof - Attesting witness - Turned hostile in Revenue Court - That witness still to be examined in Civil Court - Plaintiff should have examined that witness in civil Court and have taken the opportunity to cross-examine the witness with regard to the execution of the Will...........
Will -- Execution - Proof - After death of testator plaintiff discharging all of his responsibilities and dues - Held, by mere discharging all the dues of testator does not mean that the execution of the Will has been proved which is an independent act and has to be proved according to law...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 -- Possession - Delivered in execution - Report of bailiff or submission of D.H. that possession has been delivered - Objection of J.D. that it is only a paper delivery and he is still in possession - Held, objection is not maintainable...........
Pre-emption -- Property in Jaipur - Plaintiff owner of 3/4 share and defendants No.2-4 of 1/4 share - Defendants No.2-4 sold their 1/4th share on 30.7.1962 for Rs.4,499/- to defendant No.1 - Plaintiff seeking declaration and pre-emption - Munsif dismissed - Civil Judge decreed suit - Upheld by High Court - Issue of talab - Necessary under Customary Mohammadan Law -..........
