Showing : 1861-1870 of 3743 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 41, Rule 1(3)-- Money decree - Stay of execution - Court while granting stay of execution of the decree must take into consideration the facts and circumstances of the case - Court is not to act arbitrarily either way - If a stay is granted, sufficient cause must be shown, which means that the materials on record..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Notaries Public Rules, 1956, Rule 11(2)-- Notarized document - Proof of execution - In absence of producing of notarial register wherein entry of notarization was made there is no proof of execution of document before him...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption has to be drawn that cheque was drawn for consideration and that it was executed for discharge of debt or liability once its execution is proved or admitted - Presumption will live, exist and survive and shall end only when the contrary is proved that cheque was..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 21-- Jurisdiction - A decision rendered without jurisdiction would be coram non juris - Objection in regard to jurisdiction may be taken at any stage - A decree passed by a Court without jurisdiction is a nullity and that its invalidity could be set up whenever and wherever it is sought to be enforced..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Will-- Execution - Proof - Execution must be proved by at least one of the attesting witness, if an attesting witness is alive and subject to the process of the Court and capable of giving evidence - Where Will is challenged on the ground of fraud, coercion or undue influence, the burden of proof is on..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 26, Arbitration and Conciliation Act, 1996, Section 26-- Exparte arbitration award - Execution - Application to stay execution and an application u/s 34 of Arbitration Act to set aside exparte award - Application filed beyond period of 90 days - No misconduct alleged against the arbitrator - Respondent deliberately stayed away from the arbitration..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Will-- Suspicious circumstances - (i) The signature of the testator may be very shaky and doubtful or not appear to be his usual signature; (ii) The condition of the testator's mind may be very feeble and debilitated at the relevant time; (iii) The disposition may be unnatural, improbable or unfair in..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Will-- Registered Will - Execution - Proof - By itself does not mean that the statutory requirements of proving the Will need not be complied with...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Will-- Suspicious circumstances - When a doubt is created in regard to the condition of mind of the testator despite his signature on the Will - When the disposition appears to be unnatural or wholly unfair in the light of the relevant circumstances - Where propounder himself takes prominent part in the..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 34, 47-- Crop loan and loan for purchase of equipments - Failure to repay - suit for recovery decreed with future interest @ 13.35 percent per annum - Execution of decree - Petitioner filed objections alleging that loan was agricultural loan and cannot be treated as commercial transaction so as to attract..........

Showing : 1861-1870 of 3743 Results