Showing : 1371-1380 of 3882 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 111(d)-- Eviction - Execution of decree - Only objection raised by judgment debtor in execution proceedings was that the decree could not have been passed as lessee had already purchased suit property - Held, executing court can not consider such objection - Decree passed can not be held a nullity -..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 118-- Pronote - Presumption - Execution - Plea of defendant that Commission Agents had obtained his signatures on blank form of pronote-cum-register on the pretext of getting him bonus - Solitary statement of defendant in this regard cannot be accepted to substantiate the said version when plaintiff..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 118,4-- Pronote - Amount borrowed in the month of March and pronote executed in the month of August as defendant failed to keep his promise to return the borrowed amount within three/four months - Consideration not paid in presence of witnesses at the time of execution of pronote as it was paid earlier -..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Complainant did not see accused filling up cheque or signing thereon - Signature on cheque in question is seen indecipherable as ink used for signing is seen spread on said instrument - No other witness was examined to prove due execution of cheque or..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 32, 36, Partnership Act, 1932, Section 14-- Suit for rendition of accounts compromised - Held, there is simultaneous obligation of both parties to stick to their statements - If defendant had a right to implement command of Court by executing decree at the same time defendant had a right to seek an execution of undertaking made by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 16-- Agreement to sell - Suit for possession by way of specific performance - A bald assertion that agreement to sell had been made by plaintiff in connivance with defendant No.1 subsequent to execution of sale-deed in favour of defendant/appellants - No evidence was led towards substantiating..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 47, Order 26, Rule 9-- Ex-parte decree - Execution of - Appointment of Commissioner for fixation of boundaries - Not a case the decree is void or inexecutable - Held, refusal to appoint Survey Commission on ground that detailed enquiry regarding fixation of boundary cannot be carried out in execution proceedings,..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Stamp Act, 1899, Article 23-- Schedule 1-B, Explanation - Agreement to sell - Agreement not disclosing that possession was delivered before its execution or at the time of its execution or that it was agreed between parties that possession will be delivered without execution of deed of conveyance - Agreement of sale cannot be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recalling of witness - Defendant in his written statement nowhere pleaded that his signatures had been taken on blank paper which later on converted into impugned agreement - Agreement purports to bear thumb impression and not signatures of defendant - PW2 in witness box stated about due execution..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof - Accused admitted borrowing of money from complainant - She stated that debt was discharged but complainant had retained cheques demanding more amount - She never took some precautionary measures like issuing stop memo to bank etc. - Further, accused did not responded..........

Showing : 1371-1380 of 3882 Results