Civil Procedure Code, 1908, Order 38, Rule 5 -- No material on record to prove that defendants were about to dispose of or remove the whole or any part of the property with intent to obstruct or delay the execution - Order of trial Court rejecting application, upheld...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Power of Court is not confined to S.144 of Code - In cases where S.144 does not apply Court can exercise its inherent powers to grant restitution - Where judgment debtor was dispossessed in execution of decree during pendency of his appeal against decree and during existence of order staying execution, inherent..........
Limitation Act, 1963, Section 15 -- Decree - Execution - Limitation - Held, while computing the period of limitation for execution of a decree, the period during which the execution is stayed, shall be excluded...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Contract executed at Bombay - In furtherance of the execution of the contract at Bombay, the respondent executed Bank guarantee at Delhi and transmitted to Bombay - Held, cause of action does not arise at Delhi...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Proof - Presumption is attached to registered adoption deed only unless and until it is disproved - Presumption is rebuttable - Mere placing the document on record without proving ceremonies of due adoption, it cannot be held that there was a valid adoption - Natural father of the alleged..........
Evidence Act, 1872, Section 90 -- Presumption as to documents thirty years old - Presumption u/s 90 does not apply to a copy or a certified copy even though thirty years old - However, if a foundation is laid for the admission of secondary evidence by proof of loss or destruction of the original and the copy which is thirty years old is produced from proper custody then..........
Evidence Act, 1872, Section 90 -- Documents thirty years old - Presumption - Does not apply to a copy or a certified copy even though thirty years old - However, when there is proof of loss or destruction of the original and the copy which is thirty years old is produced from proper custody, then only the signature authenticating the copy may under S.90 be presumed to be..........
Will -- Presencee of beneficiary at the time of execution of Will - By itself not a suspicious circumstance Paying conveyance charges by the beneficiary -This circumstance alone is not sufficient to hold that Will is surrounded by suspicious circumstances...........
Will -- Execution - Proof- Earlier Will cancelled - Specific reasons given for cancelling earlier Will - Second Will registered - Will was presented before Sub Registrar, who read out contents of the Will to the executant and thereafter it was registered - Scribe categorically stated that the contents of the Will were read over to the testator, who thumb marked in his..........
Evidence Act, 1872, Section 47, 67, 68 -- Execution of document - Proof - Mere proof of signature of a person on a document does not amount to actually proving the execution of the document by that person...........
