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..........
Limitation Act, 1963, Article 56 -- Limitation - Suit for declaration, delivery of possession and permanent injunction - Suit not filed within three years of having knowledge of execution of sale deed - Suit filed is not within limitation - Suit filed is barred by limitation - Suit rightly dismissed...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Conviction u/s 307 IPC may be justified only if accused possessed intent coupled with some overt act in aid of its execution - Ascertaining intention to kill or having knowledge that death may be caused as a result of overt act, is a question of fact and hinges on the unique circumstances that each case may..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections to draft sale deed - Time to file objections is given to JD but no objections to draft sale deed was filed - No sufficient cause/valid reasons for JD/petitioner to seek further extension of time for filing objections to draft sale deed - Delay tactics adopted by JD is proverbial - Objections rightly rejected...........
Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 21, 30 -- Execution - Money decree - There is no bar in law to proceed simultaneously against the person and property of JD in execution of a decree...........
Civil Procedure Code, 1908, Order 21, Rule 40(1) -- Execution - Arrest warrant - Order U.O.21.R.40 CPC passed without assigning any reasons and without considering any of contentions of JD - Cryptic order is passed which reveals total lack of reasoning and therefore, same is a non-speaking order, hence set aside...........
Will -- Suspicious circumstances - Execution of Will in favour of mother to the exclusion of wife - Scribe of Will stated that testator never talked to him about execution of Will - Attesting witnesses of Will related to mother - None of two witnesses were acquaintances of testator - Other suspicious circumstances were non-registration of Will and depriving the wife of..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Provision of O.21.R.97 CPC is meant to protect the possession of a third party whose possession is lawful and such a person cannot be evicted on the basis of decree in which they were not party...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - O.21.R.97 CPC is not meant to protect the possession of a person who is not a third party and does not have any independent right and does not claim his possession based upon his independent right over the suit property...........
