Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Conviction of firm and acquittal of Managing Partner - Appeal against acquittal - Conviction and sentence imposed on firm not challenged - Sentence of firm became final - Managing Partner cannot content that execution of cheque is not proved - Managing Partner also committed an offence -..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Mere filing of appeal does not operate as stay of execution - Appellate Court can grant stay of execution for sufficient cause and that if stay is not granted party will suffer substantial loss - Stay can be granted when application is filed without unreasonable delay and security is..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Decree for declaration of title and recovery of possession - Dispossession during pendency of appeal of a party in possession is generally to be substantial loss to party applying for such stay - Application for stay of execution rightly allowed...........
Will -- Suspicious circumstance - At the time of execution of Will executant was residing with his brother in whose favour the property is bequeathed - Undue influence, pressure, misrepresentation cannot be ruled out - Moreover non mentioning of names of two sons in the Will create a grave suspicion - Will has to be discarded...........
Will -- Execution of - Validity - Testimony of scribe of Will and attesting witness did not refer to presence of other person at time of execution of Will by deceased - Even, evidence of attesting witness reflects that Will was prepared at Sub-Registrar`s Office and not by scribe - Moreover, both scribe and attesting witness did not present consistent and acceptable..........
Evidence Act, 1872, Section 92 -- Sale deed - Subsequently executor executed another document transferring the same land, alongwith some other land - Sale deed duly registered testified to by attesting witness thereto and factum of registration of document also not disproved - Even in terms of S.92 of Evidence Act as regards its execution and registration, it cannot be..........
Will -- Execution - Suspicious circumstances in relation to the Will not cleared - Therefore, it cannot be said that the testatrix executed and signed the document after having understood the meaning, effect and purport of the contents...........
Registration Act, 1908, Section 17, 18, Power of Attorney Act, 1882, Section 4 -- Power of attorney - Unregistered - Execution of sale deed by unregistered power of attorney holder - There is no hurdle that unregistered power of attorney holder cannot execute sale deed unless and until there is a case of fraud established against the executor and if no allegation of fraud..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Eviction decree - Grievance of petitioners regarding non-payment of outstanding dues and allegations about damages caused to property by contemnor at the time of vacating same, are questions of fact - Same cannot be adjudicated in contempt proceedings -..........
Civil Procedure Code, 1908, Order 21, Rule 11, 58(2) -- Execution - Executing Court giving effect to award of land acquisition compensation - Death of D.H. after passing of award - Will set up by one of the heirs of deceased - Enquiry by Executing Court as to genuineness and validity of will - Adjudication of rival claims in respect of immovable property can always be done..........
