Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession - Expression `at any stage of proceeding' is wide enough to allow plaintiffs to seek relief of possession even at appellate stage or in execution even if such prayer was required to be claimed...........
Will -- Due execution - In the matter of appreciating the genuineness of execution of a Will, there is no place for Court to see whether the distribution made by testator was fair and equitable to all of his children - Court does not apply Art.14 to dispositions under a Will...........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment - Award of Lok Adalat - Compromise arrived at between parties during pendency of execution petition when matter was referred to Lok Adalat - Parties are bound by compromise in the matter of execution - Decree can be executed insofar as they are concerned only as per terms of compromise - Since, JD failed..........
Will -- Proof - Original Will on record but exhibit marked on photocopy thereof - Original Will thumb marked by testator and signed by both the attesting witnesses - Both the attesting witnesses stated that Will was typed on the instructions of testator and thereafter testator thumb marked the Will and thereafter attesting witnesses signed in the presence of testator as..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Objections by third party - Executing Court is not obliged to determine a question merely because resistor or objector has raised it - Question which executing Court is obliged to determine U.O.21.R.101 CPC must possess two adjuncts: (a) such question should have legally arisen between parties..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that subject matter of cheque is not towards debt or liability - Plea held, not tenable as subject matter of cheque was given to towards his liability to pay amount in lieu of share of complainant and fact that complainant is sister of petitioner is not in dispute - It is..........
Will -- Capacity of testatrix - Execution of Will after testratrix had already disposed of the property - Will is invalid...........
Will -- Proof - Execution of Will admitted by defendant - Will not to be used as evidence until it is proved in the manner prescribed u/s 68 of Evidence Act - This position cannot be diluted even if opposite party has not specifically denied the execution of Will...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Compromise decree for specific performance - Objections - Agreement to sell indicates that vendees were already knowing of fact that suit land had been acquired - Even notification for acquisition of land issued prior to execution of agreement to sell - On passing of award, taking over possession of..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Amendment of decree - Starting point of limitation - If amendment of decree is not in the nature of clerical or arithmetical mistake, date of amendment is the starting point of limitation - Where amendment sought for is only clerical or arithmetical mistake, limitation starts to run from date of original decree..........
