Will -- Proof - Self contradictory evidence by propounder of Will - In view thereof, Will is not proved beyond all reasonable doubt that testator executed the Will in sound disposing mind and in her free volition in favour of defendant excluding plaintiff...........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Agreement to sell -- Specific performance - Ready and willing - A year's stipulated in the agreement for execution of sale deed - Suit filed after three years of the date fixed for execution of sale deed - Admittedly, no notice was given to defendant for execution of sale deed and only oral requests were made to defendant by plaintiff - However, defendant denied the said..........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Auction sale - Confirmation of sale - Closure of execution petition - Remedy available to J.D. U.O.21.Rr.89, 92(2) CPC not availed by him before execution Court in time - Defendant thus, has no right or whatsoever to question Court auction sale which was held in the year 2002 itself - Moreover, sale certificate is issued..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Suit filed by taking plea that earlier oral partition between parties was denied by the defendant - Plaint cannot be rejected in view of the denial of plaintiff's statement made in the plaint that oral partition was denied by the defendants and that prompted plaintiff to file the..........
Service -- Termination - Reinstatement - Employee had a right to opt for either civil or industrial adjudication against his termination order, but two jurisdictions could not be intermingled by borrowing industrial law principle and applying them to the case declaring the termination illegal and issuing a mandatory injunction to defendant to reinstate the plaintiff to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of pronote and receipt - Recovery suit - Pronote and receipt not proved on record as per provisions of Ss.63, 65 of the Act and photocopy of documents have no evidentiary value in eyes of law - Plaintiff stated that documents in question were lost but no complaint registered after missing of said documents -..........
Suits Valuation Act, 1887 -- Ancestral property - Plaintiff failed to prove that property in question is ancestral property - It was self acquired property of father of plaintiff/defendant no.1 - Defendant no.1 has every right to alienate the suit land without showing any legal necessity - Moreover, suit was filed after expiry of three years from the date of registration..........
Work contract -- Escalation charges - Delay of 35 months in execution of work - Both defendant and plaintiff responsible for delay in execution of work - Plaintiff held, entitled to 50% escalation charges with 6% interest...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed against a dead person - Amendment sought to implead son of defendant deceased - Amendment allowed by recording satisfaction as to bona fides of plaintiff in occurrence of mistake, keeping in mind the alacrity with which the plaintiff brought the amendment upon coming to know about true..........
