Will -- Proof of - Once a testator has admitted the execution of a Will in a proceedings before Court and pleadings are filed and she herself produced the Will in the said suit, there would be no requirement to further establish the authenticity of Will in terms of Ss.67, 68, 70 of Bharatiya Sakshya Adhiniyam...........
Civil Procedure Code, 1908, Section 51Proviso, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Court must record its satisfaction as per S.51 Proviso CPC that JD with the object of obstructing or delaying the execution proceedings was likely to abscond, leave the local limits or after the institution of suit dishonestly transferred,..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff sought right over property on the basis of agreement of sale - Execution of sale agreement does not convey any right in respect of suit property unless execution of registered sale deed to be made in favour of plaintiff, where suit property is immovable property worth..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Breach of contract - Applicant not able to produce any evidence to indicate that respondents had intention to deceive applicant from the very inception - He also did not issue any notice to respondent No.1 for execution and registration of agreement to sell - Applicant has also not produced on..........
Agreement to sell -- Specific performance - Defendant not denied the execution of agreement but stated that same was executed by defendant at the time when he was not in his proper senses owing to old age - Defendant opted to appear through his special power of attorney (SPA) and himself remained absent - Special power of attorney admitted that his grandfather/defendant..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of five cheques - Presumption - Execution of agreement to transfer shop between complainant and accused - Said transaction was acted upon and its benefits were received by accused - Accused intentionally issued cheques in favour of complainant for legally enforceable liability as per an agreement which are..........
Civil Procedure Code, 1908, Section 47 -- Execution - Third party objections - Suit for recovery of possession - Petitioner was neither a party to suit nor purchaser or representative of parties to decree - He failed to show that he is entitled to object to execution of decree - DH has not filed any application complaining about objector's resistance to execution..........
Will -- Suspicious circumstance - Exclusion of natural heirs - Execution of Will in favour of nephew and niece of testator - Original Will bears the thumb marked photograph of testator and it is a registered Will - Thumb impressions of Testator on the Will and on the endorsement have not been denied by plaintiff/natural heir - Scribe and attesting witnesses of Will..........
Criminal Procedure Code, 1973, Section 302 -- Permission to conduct prosecution - Death of complainant - Petitioner wanted to come into picture on the basis of a Will executed by complainant - Unless and until, petitioner succeeded in establishing the said Will, he has no locus standi to come on record and prosecute the complaint - Complainant filed the complaint through..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Property dispute between parties - Allegation that appellant being power of attorney of original owners sold the property belonging to complainant to third parties - However, suit property is common and undivided property and in which complainant has a undivided..........
