Civil Procedure Code, 1908, Section 47 -- Suit dismissed with costs - Decree prepared for realisation of costs from plaintiff - Execution petition, by defendant, decree holder - Executing Court directing delivery of possession of suit land to decree holder - Illegal, as decree was only for recovery of costs and not for recovery of possession or restitution of possession of..........
Will -- Execution - Attesting witness - Cannot ask someone else to sign on his behalf...........
Negotiable Instruments Act, 1881, Section 118 -- Cheque - Once the execution of the cheque is admitted, presumption under S.118 arises that it is supported by consideration until the contrary is proved...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Objector when not claiming himself to be the legal representative of the judgment-debtor, he can only file a civil suit and not the objection petition...........
West Bengal Premises Tenancy Act, 1956, Section 13, 16(1) -- Suit for ejectment - Eviction decree - Execution - Resisted by second sub-tenant on ground that decree for eviction is passed without making him a party - Second sub tenant not complied with provisions of S.16(1) of the Act - Second sub-tenant also not covered by S.13(2) or 13(4) of the Act - Non impleadment of..........
Civil Procedure Code, Section 47 -- Objection to execution - Can be raised by parties to litigation and their representatives - Objector not claiming himself to be legal representative of judgment - debtor - Can only file a civil suit and not objection petition...........
Will -- Execution - Proof - The conscience of the Court must be satisfied that the Will in question was not only executed and attested in the manner required under law, but it should also be found that the Will is the product of the free volition of the executant who had voluntarily executed the same after knowing and understanding the contents of the Will - Whenever there..........
Will -- Registered - Natural heirs disinherited without any reason - Belated mention of the execution of Will in additional written statement - Doubt as to identification of executant before Sub Registrar - Scribe not deposing that he knew the executant of Will - Propounder of Will not dispelling these suspicious circumstances - Will not accepted as validly executed by..........
Will -- Validity of - Conscience of Court must be satisfied that the Will in question not only executed and attested in the manner required under Indian Succession Act, but it should also be found that said Will was the product of free volition of executant who had voluntarily executed the same after knowing and understanding the contents of the Will - Whenever there is..........
Agreement to sell -- Suit for specific performance - Plaintiff successfully proved the execution of agreement on payment of earnest money - Breach committed by defendant by selling the land to other defendant - Plaintiff approached Court for relief of specific performance of the contact in no loss of time - Held, it would be wholly inequitable if relief of specific..........
