Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque towards sale consideration - No document or evidence as to execution of conveyance - There was no existing debt or liability against which cheque was given - Accused acquitted...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Himachal Pradesh Urban Rent Control Act, 1987, Section 26 -- Execution petition - Striking of issue - Maintainability - No necessity for executing Court to go beyond mandate of compromise decree nor executing Court was enjoined to strike any issues vis-a-vis readiness or willingness or otherwise of each of contesting..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Possession delivered - Dropping of execution proceedings - Possession of disputed property handed over to one of LRs of DH after receiving Rs.2 lakhs towards construction on disputed property - Said LR also admitted fact of receiving possession of property - Possession of disputed property..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was not having money on the date of execution of sale of agreement itself and thereafter - Cross-examination of plaintiff shows that his earning was hand to mouth - Defendant was in need of money, as his father was having heart disease - Said fact is admitted by plaintiff - Plaintiff thus,..........
Specific Relief Act, 1963, Section 38 -- Suit for declaration and cancellation of two sale deeds and a Will - Witnesses to execution of such documents does not necessarily have to know the contents of the said documents...........
Negotiable Instruments Act, 1881, Section 138, 118A, 139 -- Dishonour of cheque - Presumption - Accused admitted cheque in question as well as signatures on the same - He also admitted execution of `loan receipt' as well as his signatures and handwriting on the same - In view of admitted facts, petitioner had admitted existence of debt - More so, he failed to rebut..........
Civil Procedure Code, 1908, Section 115 -- Revision - Renewal of lease - Remitting matter back to Executing Court - Merely because execution petition will revive is no ground to hold that order is not a final order which will bring end of proceedings - If Executing Court accepts the contention of the respondents that the lease could not have been extended, then also it..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint and impleadment of a party - Application filed belatedly - Application allowed to ensure that in the eventuality of suit being decreed, plaintiff does not become vulnerable to another round of litigation at the stage of execution - Application allowed subject..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Where factum of Will in terms of its execution was proved only in defence by leading evidence, even if factum of Will was in the knowledge of plaintiff from very beginning still plaintiff was not supposed to lead evidence in negative to prove Will was not genuine - It is only after evidence led by..........
Evidence Act, 1872, Section 122, 68 -- Gift deed - Execution - Proof - When there is no evidence of any forgery or fabrication and no specific denial of execution of gift deed, donee was under no obligation to examine one of attesting witnesses of gift deed...........
