Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment - Furnishing of security - Held, perusal of O.38.R.5 of the Code shows that an order for directing defendant to furnish security can be made if court is satisfied that defendant is about to dispose of whole or any part of his property with intent to obstruct or delay execution of any decree that may be passed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Accused admitted borrowing of money from complainant - She stated that debt was discharged but complainant had retained cheques demanding more amount - She never took some precautionary measures like issuing stop memo to bank etc. - Further, accused did not responded to statutory notice issued..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Conviction - Both Courts below have found that complainant has proved due execution and issuance of cheque - There was no attempt from the side of accused to rebut the presumption available u/ss 139 and 118 of NI Act to complainant - On receiving statutory notice accused remained silent - Held,..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Agreement to sell - Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, right to claim interest would be available for a period of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant was not alive to prove execution of cheque and passing of consideration - There was only evidence of father of complainant whose evidence cannot, according to accused, be accepted - Original cheque was not produced before Court - For proper appreciation of evidence at..........
Civil Procedure Code, 1908, Section 151, Article , Order , Rule , Limitation Act, 1963, Section 5, Article , Order , Rule -- Execution - Delivery of property - Application for - Delay in filing - Condonation - Application filed for delivery of property U.O.21.R.95 CPC - Said application dismissed for not taking appropriate step as ordered by execution Court - Subsequent..........
Madhya Pradesh Madhyasthan Adhikaran Adhiniyam, 1983, Section 7 -- Works contract - Termination - Reference of dispute to M.P. Tribunal or to an independent arbitrator under Arbitration and Conciliation Act, 1996 - Held, it will depend upon factum whether works contract is existing between parties or not out of which dispute has arisen - In case, works contract itself has..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Held, presumption u/s 139 will arise only when execution of cheques is proved - When complainant miserably failed to produce vital and relevant documents, though summons was issued and inspite of the fact that complainant has claimed that such documents are with them, no..........
Registration Act, 1908, Section 34, 35 -- Sale deed - Registration - Sub Registrar can refuse to register sale deed when an order to maintain status quo regarding possession had been passed by the competent Court when there is clear recital in the sale deed that possession forming the subject matter of sale is delivered to the plaintiff - Though scope of enquiry by Sub..........
Specific Relief Act, 1963, Section 20, Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Specific performance - Execution denied by vendor - Alleged payment of sale consideration by vendee not proved - Mere finding of signature as identical will not in any way prove execution of sale agreement - When possession not handed over in pursuance of agreement of..........
