Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue - Once both the parties have led evidence, fully conscious of other's case, mere non-framing of relevant issue or a wrong framing of it, would not affect the validity of finding returned...........
Will -- Registration - Mere registration of Will does not attach to it a stamp of validity and it must still be proved in terms of legal requirements as provided u/s 63 of Succession Act and Ss.68, 69 of Evidence Act...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot examine the validity of order of Court which had allowed the execution of decree unless Court's order is itself without jurisdiction...........
Agreement to sell -- Validity - Mere non-delivery of possession in pursuance of agreement to sell despite having paid half of sale price cannot be taken to be suspicious circumstance about its valid execution especially, in the facts wherein maximum period for execution of sale deed as per terms of agreement was six months - Agreement to sell is valid - Suit rightly..........
Agreement to sell -- Validity - Once purchase of stamp paper used for the purposes of execution of agreement to sell was doubtful, in the absence of examination of person to support said purchase, agreement to sell rightly discarded by Courts below especially when none of marginal witness belong to the same village to which parties to it belonged...........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Agreement to sell -- Validity - Mere non-signing by attesting witnesses over agreement in question would not invalidate contract, as there is no statutory requirement in law to get an agreement to sell attested by witnesses...........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Agreement to sell -- Validity - Agreement in question bears signatures of defendant at seven places on stamp papers - No explanation given for the same - It probabilizes the happening of circumstances that said signatures were obtained on some blank stamp papers without there being any specific object existing at the moment for its use or to be used as per wish of..........
