Will -- Due execution - If a person challenging Will alleges fabrication or alleges fraud, undue influence, coercion etc. in regard to execution of Will, such pleas have to be proved by him, but even in absence of such pleas, very circumstances surrounding execution of Will may give rise to doubt or as to whether Will had indeed been executed by testator and/or as to..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside sale on deposit of amount - Respondent being guarantor deposited entire due amount for which NOC was also issued - Information regarding same was given to Execution Court, which had not been considered - Substantial injury will be caused to respondent if his property was allowed to be taken away..........
Arbitration and Conciliation Act, 1996, Section 36 -- Execution of arbitration award - As per agreement, Arbitrator was authorised to only fix the price of land which was to be sold by appellant to respondent - In the agreement there was an option to respondent to either accept the price fixed by Arbitrator or refuse to get the sale deed executed at the price fixed by..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Disputed questions of fact which could be raised before trial Court cannot be allowed to be raised in an execution application, as executing Court cannot go beyond decree passed by trial Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objections by subsequent purchaser - Subsequent purchaser may not be entitled to raise a plea challenging correctness of agreement of sale of which specific performance has been sought as petitioner being subsequent purchaser after passing of decree possibly cannot raise any such plea -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection - Order passed for implementing mandatory injunction along with restitution in the form of damages - Such an order cannot constitute an Order U.O.21.R.97 CPC and is clearly an order u/s 47 CPC...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Certified copy obtained from the office of Sub Registrar - Photocopy of Will also produced - Will stated to be lost - Execution of Will admitted by plaintiff but alleged to be result of fraud and misrepresentation - Once evidence of defendants is that original Will was lost and certified copy is produced,..........
Will -- Execution - Proof - Attesting witness - At least one of the attesting witness is required to be examined to prove his attestation and the attestation by another witness and the testator...........
Will -- Execution - Proof - Testator executed Will in favour of his grandsons - Attesting witness of Will not only signed Will as attesting witnesses at the time of execution but also at the time of registration before Sub-Registrar - Statement of attesting witnesses proved due execution of Will apart from evidence of scribe and official from Sub-Registrar's office...........
Will -- Suspicious circumstances - Judicial verdict will be based on consideration of all the unusual features and suspicious circumstances put together and not upon the impact of any single feature that may be found in a Will or a singular circumstance that may appear from the process leading to its execution...........
