Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction & sentence - Sentence till rising of Court with liability to pay compensation of Rs.55,000/- imposed - Petitioner/accused prayed for grant of reasonable time to settle claim of complainant - Held, Magistrate shall keep in abeyance execution of warrant for a period of one month to enable..........
Civil Procedure Code, 1908, Section 47 -- Execution - Plea of nullity of a decree - Can always be set up before the Executing Court - Any judgment and order which is a nullity never acquires finality and is thus open to challenge in the execution proceedings...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Property liable to attachment and sale in execution of decree - Scope - Held, property cannot be brought for sale if house is under occupation and ownership of agriculturalist or agricultural labourer - However, there is no embargo for an agriculturalist who is in occupation of his property including his house to mortgage and..........
Deeds -- Composite documents - Subsequent events or conduct of parties after execution of document - Not to be taken into consideration in interpreting document especially when there is no ambiguity in language of document...........
Criminal Procedure Code, 1973, Section 438, 6(2), 10 - - Anticipatory bail - Juvenile in conflict with law - Held, provisions covered by the Act to ensure right of juvenile in conflict with law to prevent him from being exposed to police and police stations - Order passed directing execution of bond by petitioner in the event of his arrest and all other conditions imposed..........
Transfer of Property Act, 1882, Section 122, 123, Evidence Act, 1872, Section 68 -- Gift deed - Execution - Proof - When the executant himself admits the execution, there is no need for calling of any other attestors to prove the same...........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Cancellation - Unless donor reserves a right in himself for cancellation of gift executed by him or unless there is an understanding between donor and donee at the time of execution of gift deed for its cancellation on the happening of a certain event, the gift deed executed cannot be cancelled...........
Will -- Execution - Proof - Testator executed the Will and the witnesses attested the same at the same sitting - Sufficient compliance with the provision of S.63 Succession Act to prove the Will - Narration of sequence leads to no other inference but the one that testator executed the document in his presence and he put his signatures in the presence of testator...........
Will -- Execution - Testator is required to sign or affix his mark on the Will and the Will is required to be attested by two or more witnesses, each of whom has seen the testator signing or affixing his mark on the Will or has seen some other person signing the Will in the presence and on the direction of the testator or has received from the testator a personal..........
Will -- Execution - Proof - Will is required to be attested by two witnesses - However, due execution can be proved by producing only one attesting witness...........
