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Results of execution

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TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

Year of decision: 2008
Details

Consumer Protection Act, 1986, Section 25 , 27 -- Execution proceedings - Legal representatives - Held that legal heirs of the deceased cannot be proceeded under Section 27 of the Act - However procedure envisaged under Section 25 of the Act can be invoked in respect of the properties of the deceased which is available in the hands of the legal representatives...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Will -- Onus to prove is on the propounder - Propounder has to prove the legality of the execution and genuineness of Will by proving absence of suspicious circumstances surrounding the Will and also by proving testamentary capacity and the signature of the testator - Once the same is proved, it could be said that the propounder his discharged the onus...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Will -- Execution - Will is required to be attested - Therefore, it cannot be used as evidence until at least one of the attesting witnesses is called to prove it provided such attesting witness is alive, and subject to the process of the Court and capable of giving evidence...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Will -- Execution - Proof - Secondary evidence - One attesting witness and scribe died - Second attesting witness not able to speak or to more - Propounder to lead secondary evidence in order to discharge his onus of proving the Will...........

ORISSA HIGH COURT

Year of decision: 2008
Details

Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 47 -- Lis pendens - Execution - Alienation made during pendency of a litigation is hit by the principles of lis pendens and the alienee acquires no title - Even otherwise subsequent purchaser if purchased any part of the property can file a petition u/s 144 CPC after the decree holder recovers..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Constitution of India, 1950, Article 32, 226 -- Preventive detention order - Quashing at pre-execution stage - Order of preventive detention quashed by High Court - Appeal against - Held, that order of detention has not been executed - A person may try to abscond and thereafter can take a stand that the period for which detention was ordered is over - Held, that such a..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Agreement to sell -- Specific performance - Plea of fraud and misrepresentation - Except the bald statement of defendant in support of the plea there is no other corroborating evidence - A very heavy onus was on the defendant to prove fraud as execution of agreement has been fully proved by the scribe and the attesting witness - Defendant has miserably failed to prove the..........

KERALA HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of amount due under a promissory note - Without proving execution of promissory note and the consideration for it, an offence u/s 138 of the Act is not made out...........

ALLAHABAD HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Payment or adjustments - D.H. not remembering as to receipt of payment and issuance of receipts - Other party producing receipts - Objections cannot be dismissed that payment is not certified - It is for the executing Court to decide the fact as to whether payments have been made or not...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 4, 67 -- Pronote - Material alteration - Plaintiff to explain as to when and how alteration was made - In absence of such explanation, plaintiff must fail and onus is on him to show that material alteration was made either with the consent of parties or in order to effectuate common intention of parties - In absence of such plea,..........

Showing : 2091-2100 of 4113 Results