Criminal Procedure Code, 1973, Section 125(1) -- Scope - Maintenance petition - Compromise - Order passed accordingly - In terms of compromise wife and child entitled to maintenance for negligence and assault in failure-Execution file by wife claiming maintenance complaining non compliance with the order in accordance with the compromise - Maintainable - Held, order of..........
Will -- Mere presence of the legatee at the time of execution of will - By itself does not create any doubt with regard to the genuineness of the Will...........
Transfer of Property Act, 1882, Section 53, Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Transfer of land by way of consent decree in favour of wife, after taking loan on pronote and before filing or recovery suit - It is a fraudulent transfer - Such land can be attached and sold in execution...........
Will -- Execution - Proof - Testator singing each page of the Will - Corrections also made by the testator himself - Signatures of testator proved by attesting witnesses - Held, Will duly proved...........
Will -- Execution - Proof - Guiding principles - Illustrated in detail...........
Will -- Registered - Suspicious circumstances surrounding the execution of Will-At the time of execution of the Will the plaintiff was not in good terms with his father, the testator, and was living separately-Possibility of getting the signature of testator in a fraudulently manner-Merely because the Will is registered will not dispel the doubt as to genuineness of the..........
Will -- Legatee present at the time of execution of Will - neither influencing the testator nor dominating the Will - not a suspicious circumstance...........
Execution -- Objection petition - Framing of issues - Where dispute requires the recording of evidence issues should be framed and parties allowed to lead evidence. (Civil Procedure Code, 1908, Ss.47 , 60 O.21.R.58)...........
Will -- Execution - Legatee present at the time of execution of Will - Mere presence is not a suspicious circumstance unless he has taken an active part or taken undue interest in the execution of the Will...........
Execution -- Objection petition - Framing of issues - Not necessary in all cases (Civil Procedure Code, 1908, S.47) 1988 Civil Court Cases 501 (P&H) note...........
