Civil Procedure Code, 1908, Order 21, Rule 50(1)(c), Civil Procedure Code, 1908, Order 30, Rule 6, 7, 8 -- Scope-Decree against a firm and its Managing Director - decree holder applied for arrest of Managing Director - Managing Director objecting that he was neither a party nor summons were served on him individually-objection upheld by execution Court not sustainable...........
Will -- suspicious circumstances - (1) No reference in the Will as to why the natural heirs excluded from inheritance (2) Parties not raising the plea that testator had inimical relations with the natural heirs or any other special reason for excluding them from inheritance (3) Will executed in the city but not scribed by - a deed writer (4) Name and signature of scribed..........
Civil Procedure Code, 1908, Section 50, 146, Order 21, Rule 32 -- Decree for injunction - execution - after passing of the decree death of J.D.-decree can be executed against the legal representatives of the judgment debtor...........
Civil Procedure Code, 1908, Order 21, Rule 54(1-A) -- Scope - Attachment before judgment when there is attachment, before judgment, notice to the judgment debtor is not necessary is execution for setting the terms of proclamation of sale, under order 21 rule 54 (1-A)...........
Civil Procedure Code, 1908, Order 21, Rule 58, 63 -- Execution - ancestral land - plaintiff being coparcener acquired 1/2 share in ancestral land - Held, decree holder can proceed against remaining 1/2 share in land belonging to judgment debtor...........
Will -- execution in favour of wife and after the death of wife, land to be taken by three sons in equal share - wife executed Will depriving one son of his one third share - whether wife became the absolute owner and a further Will executed by her is valid - Will interpreted and Held that only a limited estate was given under the Will to the wife...........
Will -- Execution - Will whether validity executed...........
Will -- Execution- Proof - examining one witness in proof of the execution is mandatory requirement - However, if execution of Will is admitted no necessity of calling attestors. (Evidence Act, Ss.68, 58)..........
Will -- Execution - Proof - When all the attestors are dead - It can be proved that attestation is in the handwriting of at least one attestator, either by calling an expert or by a person who is acquainted with his hand-writing...........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- (as applicable to Delhi) - Residential house - Exemption from attachment - Must be proved firstly that the house sought to be attached in execution of money decree is his main residential house and secondly, the same is occupied by him...........
