Evidence Act, 1872, Section 114 -- Adverse Inference - Dispute as to genuineness of Will - Beneficiary, niece of testator, not examining herself to dispel special reason for execution of Will in her favour excluding wife and minor children of testator - Non examination of the party to the lis would lead to an adverse inference against her...........
Will -- Suspicious circumstances - Testator bequeathing property in favour of his niece leaving his own wife and minor children - Will though registered was held to be not genuine on following grounds - (i) No sane person, save and except for very cogent reasons, would disinherit his wife and minor children, (ii) No apparent reason for Will in favour of niece depriving..........
Evidence Act, 1872, Section 68, Succession Act, 1925, Section 63 -- Will - Proof of execution - Requirement - Proof of execution of Will shall strictly be in terms of Sec. 63 of Succession Act - Where there are suspicious circumstances surrounding the execution of the Will, the onus is on the propounder to remove the suspicious circumstances - Mere compliance of statutory..........
Evidence Act, 1872, Section 68, Succession Act, 1925, Section 63 -- Will - Burden of Proof, (i) Propounder of the Will has to prove that the Will has been validly executed and is a genuine document, (ii) Propounder to prove that the testator has signed the Will and that he had put his signature out of his own free will having sound disposition of mind and understood the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Scope of execution of ejectment order - Petition for eviction u/s 7 of the Act - Ejectment ordered - Execution filed by Gram Panchayat - AC Ist ordered issuance of warrant of possession - Order challenged in appeal on the plea that land in dispute does not vests in the Gram Panchayat, AC Ist had no..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Execution of pronote and receipt if proved then there is presumption of passing of consideration - Plaintiff is not further required to prove his capacity to make the payment at the time of execution of the pronote and receipt...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Execution of pronote and receipt proved - Presumption u/s 118(a) of the Act for passing of consideration arises - Defendant can rebut that presumption by leading evidence - Defendant did not lead any evidence to show that the documents were forged and fabricated or that no consideration was passed - Plaintiff not..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 20 -- Enlargement of time - Rescission of agreement to sell - Suit for specific performance decreed by Trial Court - One month time specified for the execution of sale deed by judgment debtor in favour of decree holder on receipt of balance sale consideration - Delay of 4 days in deposit of balance..........
Arbitration and Conciliation Act, 1996, Section 7, 11, 16 -- Arbitration agreement - Existence of - When parties during negotiations contemplate the execution of a formal agreement incorporating the terms of the bargain, so long as a formal agreement has not been entered into, it may be open to contend that there was no concluded contract between the parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not to be granted against the execution of a lawful decree...........
