Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Accused allegedly issued cheque to complainant towards discharge of his liability related to promissory note executed by him - Non-production of alleged promissory note by complainant before Court - Cheques have been issued on the same day as that of execution of note -..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85, 86 -- Auction sale - Failure to deposit money required for obtaining stamp duty - Default committed by auction purchaser cannot be excused and set at right by Court by exercising its power u/s 148 or S.151 CPC, as O.21.Rr.84, 85, 86 CPC are mandatory in nature - Execution Court was not legally right in allowing petition..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Decree for possession and permanent prohibitory injunction - Defendant filed application for stay of execution on the ground that suit land was not identifiable and decree is unexecutable - However, land is clearly described and depicted in decree, there is thus, no ambiguity with regard to description of..........
Will -- Proof - Merely because scribe and marginal witnesses of Will entered into witness box to prove execution of Will, same will not make Will a legal and valid document...........
Hindu Marriage Act, 1955, Section 29(2) -- Customary divorce - Entry in notary register regarding execution of divorce deed - Would not itself prove contents of divorce deed and also fact that divorce deed was executed as per custom or usage and having force of law, which facts are required to be proved independently through evidence of those having personal knowledge of..........
Arbitration and Conciliation Act, 1996, Section 11(6), Karnataka Stamp Act, 1957, Article 5(id) -- (as inserted by Act of 2012) - Application for appointment of arbitrator - Plea that work contract executed between parties is not properly stamped - However, from perusal of relevant provisions of law, it is evident that on agreements sufficient stamp duty has been paid as..........
Transfer of Property Act, 1882, Section 54, Registration of Births and Deaths Act, 1969, Rule 26(i)(k)(i) - - Registered sale deed - Unilateral cancellation of registered sale deed - There cannot be an unilateral cancellation of registered sale deeds and that a cancellation deed cancelling a sale deed can be registered only after same is cancelled by a competent civil..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Declaratory decree - Stay of operation - It is only execution of executable decree can be stayed - As execution of declaratory decree is not required as such execution of declaratory decree cannot be stayed - However, since property in lis has to be preserved, direction issued that during pendency of appeal, strict status quo..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Order declining to stay execution proceedings during pendency of application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC pending decision, it would be in fitness of things that execution proceedings are stayed till decision of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 36 -- Execution - Decree for specific performance - Objections by third party in execution of a decree for specific performance - Not maintainable - Third party cannot inter meddle by raising objections u/s 47 CPC...........
