Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused who wants to contest the case, must be required to disclose specific defence for such contest - Court can ask specific questions to the accused at that stage - In case trial is to proceed, it will be open to the Court to explore the possibility of settlement - Court can also consider the..........
Criminal Law (Amendment) Ordinance, 1944, Section 12, 13 -- Attachment of property of accused - Appeal against order of conviction pending - In one criminal case trial is already pending - Plea that once a judgment is pronounced in a criminal case by Court and if no finding is recorded with regard to attached property, no order can be passed with regard to attached..........
Agreement to sell -- Specific performance - Readiness and willingness - Once defendant have questioned execution of agreement itself, then they cannot take plea of no, readiness of plaintiff to get sale deed executed...........
Agreement to sell -- Specific performance - Plea that agreement is not proved as per requirement of Evidence Act - Not sustainable as plaintiff duly proved agreement in question by examining attesting witness and scribe of agreement...........
Agreement to sell -- Specific performance - Proof of document - Plea of defendant that scribe of deed is not registered and recognized deed-writer and name of stamp vendor is not mentioned on agreement to sell - Not sustainable for purpose of proof of document as agreement can be oral as well as in writing...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against a dead person - Application U.O.22.R.4 CPC dismissed as not maintainable as said provision is applicable only when death occurs during pendency of suit - Held, there is no bar in filing application U.O.1.R.10 CPC when application U.O.22.R.4 CPC was dismissed as..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Issue relating to arbitrability of dispute not raised in proceeding u/s 11(6) of the Act, neither said plea raised before Arbitral Tribunal nor before single Judge in proceeding u/s 34 of the Act - Thus, Division Bench was not justified while considering said plea for first time...........
Indian Penal Code, 1860, Section 325, 452 -- Offence u/ss 325, 452 IPC - False implication - Occurrence duly proved on the basis of statement of injured and eye-witness account - Ocular version duly supported and corroborated by medical evidence, apart from statements of remaining PWs who had completed the investigation of case - Plea of false implication rejected -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Burden of proof - Accused is only person who was living with deceased - There was no force entry into flat - Burden of proof of special knowledge would be upon accused - History of frequent quarrels between accused and deceased is on record - Accused failed to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by handwriting expert - No specific plea taken by accused as to amount, date and beneficiary name in the disputed cheque - Even no prayer was made by accused as to on what aspect handwriting expert would..........
