Showing : 1861-1870 of 3496 Results

KERALA HIGH COURT
Year of decision: 2008
Details
Evidence Act, 1872, Section 71-- Attesting witness - Proof of signature - Proof of signature of attesting witness to the agreement will not serve any purpose, unless execution and signature of the execution of the document is established - Proof of the signature of the attesting witness to the agreement would arise only if that..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Will-- Unsound mind - A person is presumed to be sane until the contrary is proved - To prove the contrary at least some evidence of conduct precedent, attendant and subsequent to the act done under alleged unsoundness, must be proved - No evidence on record that testatrix was not in a fit state of mind..........
ORISSA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CUTTACK
Year of decision: 2008
Details
Consumer Protection Act, 1986, Section 2(1)(g), Contract Act, 1872, Section 128-- Banking service - Banker's lien - Fixed deposit - Guarantors' liability - Time barred debt - Without consent of the complainant FD converted in 1994 has been made security as against time barred debt of 1980 - Creditors remedy against debtor was not exhausted and no steps were taken against the..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Limitation Act, 1963, Article 54-- Specific performance - Cause of action arose when the defendants refused to comply the notice for execution of sale deed - Suit filed within three years thereof - Held, suit is not time barred...........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 38, 39, 40-- Execution - Arrest warrant - For issuance of arrest warrant Court has to adopt the procedure prescribed U.O.21.Rr.37 to 40 CPC - There must be material to prove that J.D. is avoiding the payment despite the fact that he has sufficient means to pay and then Court has to pass appropriate order..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18, Limitation Act, 1963, Article 136, 137-- Application to send decree and papers to Collector to carry out partition - Not an application for execution - Since it is not an application for execution as such Articles 136 & 137 of Limitation Act are not applicable...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 54-- Provision of S.54 CPC provides for a ministerial functions of a Court - It cannot be termed to be an execution proceeding...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Exparte decree of restitution of conjugal rights in favour of husband - Decree never put into execution nor its intimation given to wife - Order granting maintenance to wife not liable to be interfered with - However, if wife had knowledge of decree and she wilfully disobeyed the..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Exparte decree of restitution of conjugal rights against wife - Intimation of decree never given to wife - Decree not put to execution - Held, wife does not become disentitled to get maintenance allowance from her husband due to non compliance of exparte decree for restitution of..........
DELHI HIGH COURT
Year of decision: 2008
Details
Will-- Suspicious circumstances - Admission by appellant that testator was an office bearer of Arya Samaj Society and rendered service to Samaj as a cashier till October-November 1998 - Will executed in the month of July - Held, appellants admission proves that testator was in good health, both mental..........

Showing : 1861-1870 of 3496 Results