Civil Procedure Code, 1908, Section 34 -- Awarding of interest on principal sum plus interest - It is not an exercising lacking inherent jurisdiction but merely of an erroneous exercise within its jurisdiction - Court which otherwise has jurisdiction to entertain a dispute, equally has jurisdiction to decide it erroneously - The remedy in such a situation is by way of..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Adjustment - Strong prima facie case in favour of adjustment is necessary for stay of execution of decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Dispute as to identify of property - Executing Court is to decide the dispute and failing to do so amounts to illegal exercise of jurisdiction - Order rejecting application in which identity of property was disputed set aside...........
Civil Procedure Code, 1908, Section 47 -- Excessive execution of property - Application u/s 47 is maintainable - Question regarding the excess acquisition of land in execution can be decreed only in an application under S.47 regarding taking over property in an execution of decree which is outside the decretal property, it is not only the duty of the party who alleges such..........
Will -- Mere proof of execution of Will or proving genuineness of testator's thumb impression is not sufficient to establish validity of Will unless suspicious circumstances are satisfactorily explained to the conscience of the court...........
Will -- Suspicious circumstances - (1) Testator seriously ill at the time of execution of Will and died within eight days of its execution and evidence as to mental capacity to execute Will not led (2) Testator literate but thumb marked the Will (3) Untrue statement that the testator has no sister and sole legatee is the real brother (4) Reasons depriving natural heir not..........
Will -- Suspicious circumstances - It may be a shaky signature, a feeble mind and unfair and unjust disposal of property or the propounder himself taking a leading part in the execution of Will under which he receives a substantial benefit...........
Limitation Act, 1963, Article 21, 35 -- Starting point of limitation - Even in cases to which Article 21 or 35 is applicable time will run from the date of execution of agreement, deed or note...........
Civil Procedure Code, 1908, Section 51 -- Proviso - Execution - Arrest & detention - Money decree - Any of the three conditions in proviso to S.51 CPC is to be fulfilled - In a decree for maintenance presumption ought to be drawn that the husband had means to pay the amount decreed at the time of judgment and continues to have the same means...........
Evidence Act, 1872, Section 101 -- Gift - Execution - Proof - Donor led prima facie proof of due execution then the onus shifts to the other party to prove that it is a forged document...........
