Civil Procedure Code, 1908, Section 13(b) -- Execution of decree passed by foreign Court - Decree passed ex parte merely on pleadings of plaintiff and because defendant chose not to appear - No oral or documentary evidence produced by plaintiff - Decree not on merits, hence cannot be executed...........
Will -- Testator suffering from partial paralysis - Testator may not have been in a position to go to the office of the Sub Registrar for execution and registration of the will scribed by a neighbour - Cannot be said to be unnatural...........
Contract Act, 1872, Section 2(f), Transfer of Property Act, 1882, Section 58 -- Bank loan on execution of mortgage deed and promissory note - Mortgage deed executed one day prior to payment of loan amount - Mortgage deed cannot be said to be void for want of consideration - Reciprocal promises made by the promisor to advance the amount formed and the promise to repay the..........
Limitation Act, 1963, Article 62 -- Loan advanced on execution of mortgage deed on 16.6.1970 and promissory note on 17.6.1970 - Mortgage deed stating that loan amount to be repaid in three equal instalments, the first to be repaid in June 1971 - Suit for recovery filed on 1.12.1982 within limitation under Art.62 of Limitation Act, having been brought within 12 years of the..........
Negotiable Instruments Act, 1881, Section 4, Transfer of Property Act, 1882, Section 58 -- Loan advanced on execution of promissory note and mortgage deed - Trial Court disallowing part of the claim on the ground that the said amount was not shown in the statement of account - Held, clerical lapse cannot wipe out contractual liability flowing from promissory note and..........
Will -- Testator presented it for registration and died about four years after its execution and during this period took no steps, cancel it - This per se dispels the suspicious circumstances allegedly attached to the will...........
Will -- Registered - Registration certification is a relevant piece of evidence for proving execution of will - The registration of a document is a solemn act to be performed in the presence of competent official appointed to act as Registrar, whose duty it is to attend to the parties during the registration and see that proper persons are present, are competent to act,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction decree - Execution - Tenant making futile attempts to challenge executability of decree by filing various applications - Suit by wife of tenant for declaration of title and confirmation of possession - Injunction against execution of eviction decree could not be passed in such suit...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Petition dismissed on the ground that civil court had already granted maintenance - Not proper - Magistrate is to decide the petition on merits and maintenance allowed by civil court to be deducted so that petitioner may take execution proceedings for the remaining amount...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Exparte eviction order - Injunction sought from dispossession - Plea that tenant was not party to suit - Held, not tenable in view of fact that she was joint tenant and decree is binding on her - Service of summons on her also, upheld - Tenant giving undertaking before lower Court for vacating house..........
