Civil Procedure Code, 1908, Section 64, Order 38, Rule 10 -- Agreement to sell executed prior to attachment in execution - Sale deed executed thereafter - Sale will prevail over the attachment...........
Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court cannot declare decree as null & void on the ground that there was no proper and due notice...........
Evidence Act, 1872, Section 114 -- Agreement to sell - Defendant denying execution and stating that blank signed paper was left with the plaintiff - When document is admitted to bear signature, burden of proof shifts upon the person alleging execution nugatory...........
Agreement to sell -- Execution - Defendant denying execution and stating that blank singed paper was left with plaintiff - When document is admitted to bear signature, burden of proof shifts upon person alleging execution nugatory. (Evidence Act, 1872, S.114)...........
Will -- More than 30 years old - Produced from proper custody - Execution & attestation can be presumed u/s 90 Evidence Act provided there is no suspicion about it due to any artificiality in its origin, interlineations, corrections or tamperings. (Evidence Act, 1872 Ss.90, 68)..........
Promissory note -- Where execution is admitted or proved, presumption is raised of consideration having passed - Defendant can rebut this presumption by proving that there is lack of consideration. (Negotiable Instruments Act, 1881, S.118)..........
Evidence Act, 1872, Section 68, 67, 114, Registration Act, 1908, Section 63 -- Illus.(e) - Registered document - Proof - Examination of attesting witnesses is necessary only when execution is denied - If execution is not denied, evidence furnished by registration certificate u/s 63 of the Registration Act coupled with Illustration (e) of S.114 Evidence Act is sufficient...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Non disclosure of the source of knowledge to the plaintiff that the defendant has an intention to obstruct or delay the execution that may be passed against him and that the defendant is selling the goods of his shop with an intention to dispose it of-Attachment before judgment cannot be ordered..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance order - Execution - Held, the petition for realisation of arrears of maintenance can be filed within one year from the date of the orders in revision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance order - Execution - Imprisonment for default of payment can be for a maximum of 12 months...........
