Civil Procedure Code, 1908, Section 47 -- Execution - Counsel's fee allowed more than what is permitted - Executing Court issued warrant of attachment only for a reduced amount - Not legal - Validity of a decree cannot be questioned in execution proceedings unless the Court which passed decree was lacking in inherent jurisdiction to try such a suit and to pass such a..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Injunction - Execution - The decree holder has to show in the execution petition as to how the injunction order has been violated - The averments should show the acts made in violation of the decree and when it was done...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 21 -- Petition U.O.1.R.10 CPC is not maintainable in execution proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Transposing of J.D. as D.H. - Transfer of 1/5th undivided share of one of the decree-holders to judgment debtor - J.D. cannot be transposed as D.H. - Provision of O.21.R.16 CPC envisages transfer of the interests of a decree holder in the decree to a third party assignee and not to the J.D. - J.D. cannot be transposed as..........
Will -- Execution - Proof - Mere registration of a Will, is no proof of its execution...........
Will -- Execution - Proof - Production of at least one attesting witness is mandatory for the purpose of proving the due execution of the Will, provided at least one of the attesting witnesses is alive and capable of giving evidence and subject to the process of the Court...........
Will -- Suspicious circumstances - Unregistered Will revoking previous registered Will - Not a suspicious circumstance - Propounder himself taking prominent part in execution of Will not a suspicious circumstance, where Will confers no substantial benefit on him - Testatrix having two daughters and one son - By previous registered Will, wholly cut-off two of them by..........
Civil Procedure Code, 1908, Section 60 -- Pension as well as commuted pension in the hands of J.D. - Not liable to attachment in execution of decree - S.60 CPC be read with S.11 of Pensions Act, 1871...........
Civil Procedure Code, 1908, Section 11 -- Res judicata, applicability to execution proceedings - Second application for stay of execution proceedings after dismissal of first application - Does not lie...........
Transfer of Property Act, 1882, Section 107 -- Lease deed - Signature of one of the parties - Not enough to conclude that the non-signing party has not joined in the execution of the instrument...........
