Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - In the execution of a decree for injunction, even restoration of possession can be ordered by Executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Limitation - There is no limitation for filing application for execution of decree of permanent injunction and application U.O.21.R.32 CPC can be filed many times...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Non-compliance of decree of permanent injunction is a continuing disobedience entailing penal consequences - DH can file execution applications as long as there is a continuing violation or disobedience of decree...........
Will -- Due execution - Evidence of attesting witness has not only proved the execution of Will in favour of plaintiffs but also attestation of Will - Testator was in sound and disposing state of mind - Evidence and documents filed on behalf of plaintiffs remain unchallenged - Will proved on record - Letters of Administration issued in favour of plaintiffs...........
Registration Act, 1908, Section 71 -- Refusal to register a document - Merely because a person admits his signature in the document does not amounts to execution and Sub-Registrar can refuse to register the document if its contents have been denied by its executants...........
Negotiable Instruments Act, 1881, Section 13 -- Negotiable Instrument - Once any negotiable instrument contains the signature of the executants on proper revenue stamp, it amounts to its execution...........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - No evidence to indicate that appellant assaulted or used criminal force on the trap party in execution of their duties or for the purpose of preventing or deterring them in discharging their duties - Jostling and pushing by appellant with an attempt to wriggle out was not with any intention to assault or use..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory notes - Recovery suit - Plaintiff discharged the initial burden about passing of consideration and also execution of promissory notes - However, defendants pleaded that suit pronotes are forged and fabricated - Admittedly no steps are taken by defendants to send the suit pronotes along with admitted signatures..........
Civil Procedure Code, 1908, Section 60(kb) -- Execution - Exemption from attachment - Money received by JD/wife under policy of insurance on the life of deceased/husband or house purchased by her by utilizing that amount, could not be put to auction or sale...........
Will -- Proof of - Testator executed Will in favour of defendant Nos. 1 and 2 to the exclusion of his wife - Attesting witnesses of Will and scribe categorically deposed about signature of testator being affixed and their signature on the Will - Suspicious circumstances as contended by plaintiff/wife has been dispelled by defendants, as relationship between testator and..........
