Agreement to sell -- Shrouded with mystery - If the execution of agreement itself is disputed, onus is upon the plaintiff to prove its due execution - Father of the plaintiff with whom the executant was living made a complaint to the police - Agreement not got scribed from a regular scribe though available - Plaintiff did not call executant as a witness - Plaintiff himself..........
Will -- Registered - Subsequent Will unregistered - Subsequent Will, will prevail upon the registered Will if its execution is properly proved and there is evidence to accept the execution of the Will - Will registered or not registered does not make any difference - Even if Will is made one month prior to the death of the testator, it does not make any difference...........
Will -- Not necessary that Will has to be registered - Will being registered or not registered - Does not make any difference - Subsequent unregistered Will if its execution is properly proved and there is evidence to accept execution of Will - Unregistered Will to prevail over earlier registered Will - Subsequent unregistered Will made one month prior to death of testator..........
Criminal Procedure Code, 1973, Section 125, 128 -- Maintenance - Granted to wife and two children - Execution - During maintenance petition husband filed a petition for divorce - Ex parte decree passed in favour of husband on grounds of cruelty and desertion - Held, husband is not liable to pay arrears and future maintenance to wife but children are entitled to get..........
Specific Relief Act, Section 28 -- Power of trial Court to grant extension of time in the light of peremptory order that suit shall be deemed to have been dismissed ab initio if plaintiff failed to deposit balance sale consideration within six months - Appellate Court stayed operation of judgment and decree of trial Court after appeal filed by defendant - Decree - holder..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Amendment sought that prior agreement stood cancelled, revoked and superseded by subsequent agreement - Amendment cannot be allowed as defendant cannot be permitted thereby to withdraw earlier admission of due execution of prior agreement...........
Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Arrest warrant - Cannot be issued without holding enquiry as to whether J.D. has sufficient means, is willfully avoiding to pay decretal amount - Ex parte order of arrest passed without holding such enquiry - Exparte order set aside but directing to deposit 1/4th of the execution amount - Not legal - Order set aside...........
Consumer Protection Act, 1986, Section 2(g), 14 -- Complaint after accepting claim amount in full and final settlement - Mere execution of discharge voucher would not always deprive consumer from preferring claim with respect to deficiency in service or consequential benefit - If consumer satisfies the authority under the act that discharge voucher was obtained by fraud,..........
Civil Procedure Code, 1908, Section 35B -- Costs - Not paid - Suit could be dismissed only on that day and not subsequently after defendant participated in proceedings and condoned the default - Thereafter, costs can be recovered by way of execution...........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - No proof of the execution of document nor the identity of person in whose custody it was left was disclosed - Nobody appeared in Court to prove that same has actually been destroyed - Held, application for leading secondary evidence rightly dismissed by trial Court...........
