Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 20, 21, Civil Procedure Code, 1908, Order 21, Rule 1 -- Dishonour of cheque - Complaint transferred to Lok Adalat - Compromise by parties - Award of Rs.4 lacs passed - Such an award is a decree and same is executable under CPC - Execution - Pecuniary jurisdiction of Court..........
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 20, 21, Civil Procedure Code, 1908, Order 21, Rule 1 -- Dishonour of cheque - Complaint transferred to Lok Adalat - Compromise by parties - Award of Rs.4 lacs passed - Such an award is a decree and same is executable under CPC - Execution - Pecuniary jurisdiction of Court..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Scope - Objection of O.21.Rr.97 to 103 CPC is to provide mechanism to decide the dispute as to right, title or interest in the suit property in execution proceedings itself and to bar separate suit, even if such objections are raised by a stranger to a decree...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction decree - Execution - Son of tenant raised an objection that he was in possession of property since childhood and was not bound by the decree and in possession of property in his own right and a stranger could challenge execution of decree - Held, son was occupying property only through his father and could not..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for permanent injunction - Judgment Debtor producing fresh documents claiming title over suit land - Held, Executing Court or High Court in revision cannot go behind the decree by looking into fresh documents...........
Industrial Disputes Act, 1947, Section 2(s), 33 -- C(2) - Recovery of dues - Application u/s 33 - C(2) - Held that proceedings u/s 33 - C(2) are in the nature of execution proceedings and since the primary issue as to whether respondent is a workman as defined u/s 2(s) of the ID Act, which is a pre - requisite for exercise of power by the Ld. Presiding Officer u/s 33 -..........
Will -- Execution - Proof - Will has to be proved not only by proving the signature of the executor but it should be found to be free from any suspicious circumstances...........
Will -- Execution - Proof - Propounder must prove execution and attestation of the Will by examining at least one of the attesting witnesses...........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - Long standing dispute between parties even prior to execution of pronote and receipt - Held, if it was so neither the defendant could approach the plaintiff for borrowing the amount in dispute nor the latter could give such a huge amount as a loan to the defendant...........
Negotiable Instruments Act, 1881, Section 4, 87 -- Pronote - Material alteration in the name of father of plaintiff - Not explained as to under what circumstances it had crept - If this alteration had been introduced at the time of execution of pronote the initials/signatures of defendant would have been obtained to authenticate these material alterations - In absence of..........
