Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution of decree - Objections of auction purchasers rejected - Period of 99 years of lease created through lease deed dated 23.11.1911 has expired on 22.11.2010 - Courts below had already held in favour of petitioner that auction purchaser would be having right till 22.10.2010 - Said period has already expired and as..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Personal necessity - Eviction of tenant ordered on ground of personal necessity of landlord - Tenant prayed for reasonable time to vacate demised premises - Held, nine months time granted to vacate demised premises on making payments of arrears of rent - Tenant shall keep on paying future rent in advance - In case..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - J.D. (Gram Panchayat) in no mood to comply with the terms of the judgment and decree - Gram Panchayat not an individual and its Sarpanch changed in year 2008 - Before taking any punitive steps against Sarpanch so as to send him to civil imprisonment some more time is required to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58, 97 -- Execution proceedings - Remedies available u/rr 58 and 97 of O.21 CPC - Scope of - Held, remedies are of limited scope - It is only when a person has no grievance about a decree to which he is a party, but only about execution thereof, that he can take recourse to such remedies...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- (Andhra Pradesh Amendment) Execution of decree - Judgment-debtor was not even given an opportunity to furnish value of property - Record discloses that even court did not make necessary efforts to ascertain value from registrar's office - Held, entire execution proceedings become void in case violation of O.21.R.66 CPC is..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58, 97 -- Auction sale - Setting aside - Separate suit - Party to original suit alone is precluded from instituting separate suit - A person who is brought on record as legal representative and that too at the stage of execution cannot be prohibited from instituting separate suit challenging sale conducted in..........
Will -- Legal requirements for proving execution of Will - Summarised : (1) A Will like any other document is to be proved in terms of provisions of Indian Succession Act and the Indian Evidence Act; (2) Onus of proving the Will is on the propounder; (3) Testamentary capability of the propounder must also be established; (4) The execution of the Will by the testator has to..........
Will -- Execution - Proof - Executant used to sign but thumb marked the Will - However, there is only one signature of executant which is a copy of a passport wherein signatures are in a haphazard manner - On other documents available on record such as vaklatnama and power of attorney filed in a suit against appellant, executant has thumb marked - Handwriting expert gave..........
Will -- Execution - Essential requirements - Testator must sign or affix his mark on the Will or the same shall be signed by some other person as per his direction and in his presence - The signature or mark of the testator or the signature of the person signing for him shall be placed in a manner which may convey the intention of the testator to give effect to the writing..........
Will -- Alterations - Any alterations made after execution has no effect unless such alteration has been executed in the same manner in which the Will is executed - However, such alteration shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses is made in the margin or on some other part of the Will opposite or near to..........
