Civil Procedure Code, 1908, Section 47 -- In execution bulls of J.D, attached and handed over to surety - On satisfaction of decree bulls returned to J.D - The surety who kept the bulls is entitled to be reimbursed towards feeding charge of livestock during the period of custody...........
Civil Procedure Code, 1908, Section 47 -- In execution bulls attached and handed over to surety - Decree satisfied - Delay in handing over the bulls to J.D. - J.D. entitled to compensation for the deprivation of his right to use his own bulls for the period from raising the attachment to the date of delivery...........
Will -- Execution shrouded in suspicion - Proof of due execution of Will - A matter of Court's conscience - Evidence led by propounder of Will - Must satisfy conscience of Court that Will duly executed by testator - Impossible to reach such satisfaction unless a cogent and convincing explanation of suspicious circumstances surrounding making of Will - Heavy onus on..........
Evidence Act, 1872, Section 68 -- Will, due execution - Burden of proof - Lies on propounder of Will...........
Will -- Nature and standard of evidence required to prove - Tests laid down.The following tests have been laid down on the nature and standard of evidence required to prove a Will:-(1) Stated generally, a Will has to be proved like any other document, the test to be applied being the usual test of the satisfaction of the prudent mind in such matters. As in the case of..........
Civil Procedure Code, 1908, Section 47(1) -- Decree for possession - J.D. liable to handover possession of the property as it was on the date of the decree - Measuring depreciation therefore can be decided in execution as it is within the scope discharge or satisfaction of the decree...........
Civil Procedure Code, 1908, Section 64 -- S.64 has been incorporated to safeguard the interest of the creditors - A sale deed executed during the subsistence of an order of an attachment which was finally withdrawn after the execution of the sale deed held to be valid on the principle that in such a case the claim of the D.H. cannot be said to be enforceable under the..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Money decree - Stay of until disposal of appeal - Decretal amount sufficiently heavy - Financial position of appellant likely to be adversely affected if made to pay decretal amount - Sufficient cause for staying execution of money decree...........
Transfer of Property Act, 1882, Section 54 -- Sale-deed in execution of decree for specific performance of agreement to sell - Crystallisation of sale in favour of party - Date when decree for specific performance is passed. (1972 P. L. J. 713 D. B. Followed)..........
Civil Procedure Code, 1908, Section 53 -- Wife not included in `son or other descendant' and liability to pay ancestral debt cannot be enforced against her. During pendency of execution J.D., died - Remedy of D.H. against ancestral property in the hands of sons is to implead them in execution and not by way of separate suit...........
