Specific Relief Act, 1963, Section 22(2) - - J.D. raised objection to issuance of warrant of possession on the plea that possession is already with the D.H. - Executing Court issued warrant of possession on the basis that it is mentioned in agreement to sell that possession will be delivered on execution of sale deed - Order upheld...........
Will -- Proof of - Execution of Will proved by one of attesting witness to Will - Will was signed by testator in a sound and disposing state of mind - Testator put his signature to document of his own free will - Respondent who was the only contesting party also accepted the execution of Will - Will held, proved on record - Petitioner entitled to Letter of administration..........
Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2 -- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to..........
Arbitration and Conciliation Act, 1996, Section 48 -- Foreign awards - Scheme of S.48 of the Act does not envisage piecemeal consideration of issue of maintainability of execution case concerning foreign awards in the first place and then issue of enforceability thereof - Whereas, keeping in mind the legislative intent of speedy disposal of arbitration proceedings and..........
Civil Procedure Code, 1908, Section 11 - - Constructive res judicata - Issue of enforceability of foreign awards already decided in earlier round - Grounds raised by petitioner in earlier round regarding maintainability of execution case could not have been considered in isolation de hors issue of enforceability of subject foreign awards, as same was intrinsically linked..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of signatures sought during pendency of appeal - Contradictory statement in written statement - Signatures denied on agreement to sell but contradictory plea that he was ready and willing to execute sale deed - Held, once there is an admission of execution of agreement of sale by expressing that..........
Will -- Suspicious circumstance - Execution of subsequent Will (last testament) after four months of previous Will, does not constitute suspicious circumstance, particularly when execution of subsequent Will is proved in accordance with law - Moreover, four months time is sufficient time gap in which testator can change its mind - Subsequent Will held, proved...........
Will -- Suspicious circumstance - Testator alive for three years after execution of Will, testament cannot be ignored on the ground testator was sick or not physically fit at the time of execution of Will...........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 21, Rule 15 -- Non-joinder and misjoinder of parties - Partition decree - Execution proceedings - Decree holder filed execution proceedings - Neither JD nor Collector were made party to execution proceedings - Execution proceedings suffers from no, joinder and mis-joinder of parties and thus,..........
Agreement to sell -- Specific performance - Unreasonable time gap between agreement to sell and target date - Target date for execution and registration of sale deed was fixed after a period of complete one year - However, day before said fixed date, a fresh agreement was executed in which reference was given to first agreement - In said agreement to sell also target date..........
