Will -- Suspicious circumstance - Difference of signature of Testator in executing sale deed and agreement for sale and execution of Will - Evidence of attesting witnesses is on record that testator signed Will in their presence - Executor who asserted that Will was not signed by testator, onus is upon him to prove the same by adducing evidence but no evidence is adduced..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance and cancellation of sale deed - Daughter and son of defendant no.1 sought their impleadment in the suit - Sale deed and agreement to sell was executed by defendant no.1 and he is still alive - Trial Court committed error by impleading applicants - Order allowing..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance, permanent injunction and cancellation of sale deed - Sale deed as well as agreement to sell was executed by defendant No.1 who is still alive - Impleadment of son and daughter of defendant No.1 as party defendants by trial Court is erroneous - Order allowing application..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction over portion of property purchased by plaintiff - Specific share has been purchased by plaintiff as is reflected from sale-deeds executed in her favour - Therefore, if other party is encroaching upon her share, she can seek injunction in that regard..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Power of Attorney Act, 1882, Section 2 -- Sale deed - Execution of sale deed by power of attorney holder - Cancellation of power of attorney subsequent thereto - Cancellation does not affect the prior sale deed executed more so when there is no contention that attorney was not conferred with..........
Criminal Procedure Code, 1973, Section 452 -- Release of seized vehicle - Vehicle involved in NDPS case - State is unable to give any definitive timeline as to when trial against A-5 would conclude - Vehicle in question thus, released after preparing a video and still photographs of vehicle, subject to appellant furnishing a surety bond of Rs.2,10,000 instead of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Respondents were not mere subsequent purchasers during pendency of suit but had remained successful in a litigation with defendant after which sale deed was executed - Their presence is necessary for decision of suit - Respondents rightly impleaded...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, 29, 61, 85 -- Bail - Contraband - Recovery effected from petitioner is of 261 grams of a narcotic substance containing the sale of `Tramadol Hydrochloride' which is marginally above the commercial quantity of 250 grams - Petitioner is a first..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - Where an appeal is filed against decree passed by trial court and appeal is disposed of, appellate Court should specify time to deposit balance sale consideration...........
