Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - No evidence to indicate that appellant assaulted or used criminal force on the trap party in execution of their duties or for the purpose of preventing or deterring them in discharging their duties - Jostling and pushing by appellant with an attempt to wriggle out was not with any intention to assault or use..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory notes - Recovery suit - Plaintiff discharged the initial burden about passing of consideration and also execution of promissory notes - However, defendants pleaded that suit pronotes are forged and fabricated - Admittedly no steps are taken by defendants to send the suit pronotes along with admitted signatures..........
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..........
