Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Contention of applicant that at the time of execution of sale-deed entire agreement amount i.e. Rs.5,56,000/- has been paid to seller before witnesses and cheque in question was given to seller in advance which he had assured to..........
Agreement to Sell -- Specific performance - Various admissions made by defendant - Marginal witnesses not examined to prove the execution of agreement - Scribe appeared but did not bring the register in Court in which entry of agreement was made - Both the Courts below held that agreement stands proved and is free from blemish of forgery or tampering - Suit decreed - Calls..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Execution - Decree of prohibitory injunction - After passing of the decree J.D. forcibly encroached the suit land by dispossessing D.H. - Possession can be restored to D.H. in whose favour decree..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Execution - Decree of injunction - A decree of injunction, be it a mandatory injunction or a prohibitory injunction, can be enforced by detention of judgment debtor in civil prison or by attachment..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Execution - Decree of injunction - Court can direct D.H. or any other person to do the required act that will have effect of enforcement of such decree, at the cost of the J.D. - This mode of..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Proviso - Execution - Decree of prohibitory injunction - Limitation - There is no limitation for execution of a decree of perpetual (prohibitory) injunction...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell executed on 27.11.1982 whereby possession alleged to be delivered - On 14.7.1985 irrevocable power of attorney executed and recitals therein show that the property at that particular time was in possession of transferor - Held, defendant did not get possession of the property after..........
Negotiable Instruments Act, 1881, Section 118, 4 -- Pronote - If passing of consideration amount is not duly proved, even if execution of pronote and receipt is proved, then it remains just a paper transaction which cannot be enforced against the executant...........
Civil Procedure Code, 1908, Section 101, 47, Order 21, Rule 27 -- Eviction order - Execution - Claim of third party - Adjudication thereof - Duties of executing Court - Held, if a third party asserts before an executing Court that he is not bound by the decree and has independent right over property then executing Court shall adjudicate such right of third party before..........
Indian Penal Code, 1860, Section 420,406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Civil dispute - Quashing of FIR - Cognizance of offence u/ss 420 and 406 IPC - As per oral and documentary evidence upon which challan has been filed it is a case of non-execution of sale deed by petitioner No.2 - Held, if dispute between parties was initially a civil..........
