Will -- Must be proved beyond reasonable doubt that document propounded or produced was last Will of departed testator - Suspicion circumstances surrounding execution of Will may be as to : (i) genuineness of signature of testator, (ii) condition of testator's mind, (iii) dispositions made in Will being unnatural, improbable or unfair, (iv) indications in Will that..........
Punjab Debtors Protection Act, 1936, Section 12 - - Scope of - Burden of proving passing of consideration - Cast on creditor - Money-lender to show (hat alleged consideration did actually pass even after proof of execution of document - Statement of creditor and scribe about passing of consideration - Not sufficient to discharge the onus.
It is implicit in Section 12 of..........
Civil Procedure Code, 1908, Order 21, Rule 11, Civil Procedure Code, 1908, Order 20, Rule 6 -- Unless - an order is made by the Court to produce certified copy of the decree, the execution has to proceed...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Ejectment suit - Consent decree - Execution thereof - Consent decree retains its character as a contract and a contract containing a penal provision is lawful. S.74 of the Contract Act provides while enforcing such a contract, the penal clause need not to be enforced - Penal provision to be decided on the basis of..........
Will -- Suspicious and unnatural circumstances: (i) Will not scribed by a regular scribe although District Courts exist at that place, (ii) Will not registered although testator died six months after execution, (iii) Will never saw light of the day for four years after death of testator, (iv) All attesting witnesses and scribe of Will dead, and (v) Opinion of expert that..........
Civil Procedure Code, 1908, Section 47 -- Execution of arbitration Award - Award stands on the same footing as a decree of Civil Court - Award if does not suffer from any infirmity indicating want of inherent jurisdiction on the part of Arbitrator to make the Award - Cain at be disregarded by Executing Court.
The Award stands on the same footing as a decree passed by..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 3 -- Suit for specific performance - Plea possession missing in plaint - Compromise decree - Amendment of plaint in execution adding relief of possession - No trial of the suit necessary - Entitled to recover possession in execution...........
Will -- Suspicious circumstances : (i) Testator 75 years of age and admitted in hospital when Will was executed, (ii) Will registered in hospital, (iii) Certificate that testator in sound disposing mind of doctor not produced, (iv) Husband of legatee took active part in execution of Will, and (v) details of property not given in Will - Circumstances in favour of validity..........
Civil Procedure Code, 1908, Section 115 -- Police help granted in execution of the decree - Order without applying mind to allegations and without giving reasons - Order set aside in revision...........
Civil Procedure Code, 1908, Section 151, 152, Order 20, Rule 7 -- Date of decree - Decree passed - Appeal dismissed - Application for amendment of decree declined and on revision the amendment in the decree allowed - Application for execution of the decree - When the time of limitation begins to run...........
