Will -- Suspicious circumstance - Testator admitted in hospital on the same day of execution of Will - No evidence on record that testator was suffering from any serious ailment and was not in a sound disposing mind - Will registered after five days - Testator appeared before Sub Registrar and disclosed that Will was voluntarily executed - Sub Registrar would not have..........
Karnataka Sales Tax Rules, 1957, Rule 6(4)(m)(i), 6(4) - - Levy of sale tax - Constitutional validity of R.6(4)(m)(i) of Rules - R.6(4)(m)(i) of Rules r/w R.6(4) Explanation III of Rules clarified that goods can be taxed only once and cannot be made subject matter of multiple incidence of tax - However, if goods which have suffered taxation undergoes transformation into a..........
Arbitration and Conciliation Act, 1996, Section 11(5), 11(9), 11(12)(a) -- Appointment of sole arbitrator - Impleadment of no, signatory party to an arbitration agreement - Agreement executed between applicant and respondent no.1 having arbitration clause - Respondent no.2/Belgium Company was neither signatory to arbitration agreement nor did have any causal connection..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Joint family property - Property inherited from father by his sons becomes joint family property in the hands of sons - Sons sold the property to defendant with clause of re-conveyance in the event of further sale - Property further sold by defendant - If subject property stands reassumed in its original..........
Civil Procedure Code, 1908, Section 47 -- Arbitration award - Execution - Relief of eviction and compensation not granted - D.H. did not challenge the award - In absence of any challenge to award at the instance of DH, such lacunae cannot be patched up by introducing prayers by way of execution, which were not granted in award itself - Executing Court exceeded its..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Execution of gift deed in favour of grandsons by donor - DW2/deed writer of gift deed proved both execution and attestation of deed of gift - He stated that donor was physically fit, she was sitting on varanda and instructed DW2 to write down said gift deed - Evidence of DW2 was all long consistent on..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Party to decree cannot maintain an obstructor's application U.21.Rr.97, 101 r/w S.151 CPC that too without taking up a contention as to accrual of a independent cause of action that would legally constitute a ground for obstruction to execution of..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Decree for specific performance - Appeal cannot be dismissed solely on ground that impugned decree and judgment are put into execution - If appellant is able to demonstrate that he could not contest the suit on merits bona fide and if reasons offered by appellant are acceptable, impugned judgment and decree will have..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Decree for specific performance - Decree put into execution - Entire proceedings of trial including examination of two witnesses and final arguments completed within a period of 31 days from date civil Court recorded that defendant/appellant did not have written statement to file - Defendant is categorical in his..........
Succession Act, 1925, Section 222, 63, Evidence Act, 1872, Section 68 -- Will - Probate - Will in question attested by two witnesses - One of attesting witnesses of Will identified and proved signature of other attesting witness - Attesting witness also identified his signature in his declaration appearing at page 10 of Probate petition - Testator was proved to be..........
