Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Attachment of property - Suit filed against Company through its Managing Director - Petitioner being Managing Director has given personal undertaking in the written statements, chief-affidavits as well as in cross-examination for repayment of suit amounts personally - He cannot now take a ground that he is..........
Civil Procedure Code, 1908, Section 50 -- Execution - JD died subsequent to passing of decree and surety is on record and there is liability on the part of surety to pay the amount, it cannot be said that decree is a nullity and cannot be executed...........
Will -- Proof - Apart from statutory compliance, broadly it has to be proved that (a) testator signed the Will out of his own free Will, (b) at the time of execution he had a sound state of mind, (c) he was aware of the nature and effect thereof and (d) the Will was not executed under any suspicious circumstances...........
Will -- Proof - Where one attesting witness examined to prove Will fails to prove its due execution, then other available attesting witness has to be called to supplement his evidence...........
Will -- Proof - Will was duly executed by testator in the presence of witnesses out of his free will in a sound disposing state of mind and same stands proven through testimonies of one of attesting witnesses - Attesting witness categorically stated that testator executed the Will and both he and testator signed Will in presence of each other - No evidence on record that..........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Agreement to sell -- Recovery of earnest money - Plaintiff was not ready and willing to buy the land in question on target date fixed for execution and registration of sale deed as he was not possessed with balance sale consideration - Readiness and willingness on the part of plaintiff not proved - Suit rightly dismissed...........
Evidence Act, 1872, Section 90, 110 -- Sale deed - When the execution of sale deed was not disputed and when contents of original sale deed was proved by production of certified copy there was absolutely no reason to look for the application of Ss.90, 110 of Evidence Act...........
Will -- Suspicious circumstance - Mere fact that attesting witness did not belong to the village of testator and he happened to be resident of adjoining village besides registration of Will on the next day of its execution cannot be taken as suspicious circumstance, particularly when execution of Will was proved on record...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Minor alterations regarding date of pronote and receipt were neither set up in defence nor even proved to have caused any prejudice to defendant, also may not come to his rescue, particularly when no complaint or any FIR regarding any forgery about execution of two documents in question was ever made by..........
