Civil Procedure Code, 1908, Section 2(3) -- Decree holder - Denotes a person: (i) in whose favour a decree has been passed; (ii) in whose favour an order capable of execution has been made; and (iii) whose name appears in decree, either as plaintiff or defendant and following conditions are satisfied: (a) decree must be one capable of execution; (b) said persons, by terms..........
Evidence Act, 1872, Section 61 -- Document - Proof of - Execution of document duly proved - Contents of document have to be read as true and correct...........
Indian Contract Act, 1872, Section 10 -- Contract - Whether the execution of a formal contract is a condition precedent to existence of a binding bargain or whether it is merely a term of a binding bargain already arrived at, is all depends upon intention of parties...........
Agreement to sell -- Specific performance - Suit based on unregistered sale agreement - Defendant disputed the execution of agreement for sale - Burden lies on plaintiff to prove it by sufficient evidence, which he failed to prove - Defence of defendant that plaintiff helped her financially in civil litigations regarding same property and at that time plaintiff had taken..........
Will -- Proof - Apart from proving due execution of Will, if a Will is surrounded with suspicious circumstances, propounder is required to remove suspicious circumstances...........
Will -- Suspicious circumstance - Testator at the time of execution of Will was ill and very old - Testator was living separately in another house along with his wife and daughter while petitioners were living separately - There was no reason for giving entire property to two members of family only as there were several other persons and testator had equal attachment to..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of execution application - Execution can only be in accordance with the decree - If there is some mistake in the decree then decree has to be got amended - Amendment of execution application cannot be allowed by observing that there is an accidental slip in the decree and the same can be corrected -..........
Will -- Execution - Contents of Will were read over and explained to testatrix and she put her thumb impression on the same - Thereafter marginal witnesses signed the Will - Testatrix though old lady was in her senses at the time of execution of Will - Defendant No.1 used to look after testatrix and her last rites were performed by him - Testatrix in lieu of services..........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 21 -- Death sentence - Execution of death sentence - Till the time limitation period for filing review petition and thereafter reasonable time for filing mercy petition has not lapsed, issuing of death warrants is violative of Article 21 of Constitution of India...........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 21 -- Death sentence - Execution of death sentence - Cannot be carried out in a arbitrary, hurried and secret manner without allowing the convicts to exhaust all legal remedies...........
