Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to territorial jurisdiction of Court passing the decree - Such an objection does not lie before executing Court...........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Presumption - Execution of promissory note proved by plaintiff with the help of attesting witness - Legal presumption u/s 118 of the Act attracted - Defendant has not brought any circumstance to rebut said presumption - By mere denial of signatures on promissory note, one cannot succeed in rebutting legal..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of Supreme Court - Execution petition to execute final award passed by Arbitrator was already filed regarding said order - It is for the petitioner to work out his remedy - When regular execution petition is pending, it cannot be said that respondent has intentionally violated the order -..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Veracity/correctness of documents not to be seen at the stage of filing application u/s 65 of the Act which is to be seen at the time of leading secondary evidence - Only evidence with regard to existence of documents ought to be seen by Court and not the execution of the same...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Issuance of warrants - Property in question already attached - There is no reason to issue warrants of arrest by taking recourse to O.21.R.37 CPC...........
Agreement to sell -- Specific performance - Sale deed was not executed on the date fixed between parties - Plea of extension of date for execution of sale deed is rejected by Courts below on the basis of material on record - Suit held, barred by limitation being filed after period of limitation, thus rightly dismissed...........
Transfer of Property Act, 1882, Section 58, 54 -- Mortgage - Sale deed - Validity - Mortgage deed was executed by original owner in favour of defendants - Attesting witnesses of mortgage deed proved execution of mortgage deed in accordance with law - Since original owner was not in a position to repay the mortgage deed amount, sale was executed and said fact is mentioned..........
Evidence Act, 1872, Section 90 -- 30 years old document - Sale deed - Presumption u/s 90 of the Act - Original sale deed was tendered only at stage of rebuttal - No such sale deed was produced in affirmative evidence - It was not a case of leading secondary evidence by plaintiffs - Presumption does not apply to copy or certified copy even though 30 years old - If due..........
Evidence Act, 1872, Section 102 -- Onus to prove - Sale deed - Execution - Sale deed was tendered in rebuttal evidence - Onus therefore was heavily upon plaintiffs to prove their case, viz.-a-viz. dimensions, length and breadth and other material particulars of property involved in sale deed...........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302 -- Rape and murder of 3 year old girl - Death sentence - Sentence of death should be awarded only in the rarest of rare cases, only if an alternative option is unquestionably foreclosed and only after full consideration of all factors keeping in mind that a sentence of death is irrevocable and irretrievable upon..........
