Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Execution of a sale deed in excess of one's authority does not per se amount to creation of a false document within the meaning of S.464 IPC - If what is executed is not a false document, there is no forgery - If there is no forgery, then prosecution for..........
Hindu Marriage Act, 1955, Section 7 -- Karewa marriage - Customary form of marriage - Valid among Jat Sikhs of Punjab - A widow entering into Karewa form of marriage with brother of her deceased husband - Mere execution of Karewanama, even without proof of governing customary ceremony to celebrate a marriage would be sufficient proof of valid marriage and conferring the..........
Agreement to sell -- Specific performance - Execution of document - Scribe - Only because scribe had not prepared or scribed any similar document in past, it would not by itself create a doubt about role played by him as scribe...........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 9, Rule 8 -- Execution - Claim petition - Dismissal in default - Fresh petition is not maintainable when claim petition is dismissed in default as O.9.R.8 CPC is applicable to a claim petition...........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(a), 13 -- Eviction - Payment of arrears of rent - Execution proceedings - Held, payment or deposit of rent into Court by judgment debtor (tenant) is contemplated only during pendency of suit for eviction or an appeal (by tenant) against a decree or order of eviction - S.13 has no application to execution..........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(a), 13 -- Eviction - Payment of arrears of rent - Execution proceedings - Tenant was clearly in arrears of rent which fact is acknowledged by compromise memo signed by tenant which was incorporated in decree - Held, S.13 has no application to execution proceedings of a decree for eviction - Executing Court's..........
Service -- Execution of bond - Service contract - Plea that employee was coerced to execute a bond - It is hard to believe that an educated person can be coerced to execute a bond against his consent - If it were true, the employee would have reported the matter to police on the very next day - Since employee did not take steps at all regarding the execution of bond as..........
Service -- Execution of bond - Service contract - It is hard to believe that an educated person can be coerced to execute a bond against his consent - Having chosen to execute the bond it is not open to the employee to later on question that bond is violative of principles of natural justice or is hit by undue influence and coercion and claim that the same is against the..........
Gujarat Prevention of Anti-Social Activities Act, 1985, Section 3, Constitution of India, 1950, Article 226 -- Detention order - Challenge to at pre-execution stage - Exercise of power by High Court - Held, powers of judicial review vested in High Court u/Art.226 are unfettered and untrammeled so as to protect citizens under Constitution - Hence, detention order can be..........
Constitution of India, 1950, Article 226, Gujarat Prevention of Anti-Social Activities Act, 1985, Section 3 - - Detention order - Challenge to - Held, detention order can be challenged at pre-execution stage by proposed detenue in High Court by invoking Art.226 of Constitution of India...........
