Constitution of India, 1950, Article 32, 226 -- Preventive detention order - Quashing at pre-execution stage - Order of preventive detention quashed by High Court - Appeal against - Held, that order of detention has not been executed - A person may try to abscond and thereafter can take a stand that the period for which detention was ordered is over - Held, that such a..........
Agreement to sell -- Specific performance - Plea of fraud and misrepresentation - Except the bald statement of defendant in support of the plea there is no other corroborating evidence - A very heavy onus was on the defendant to prove fraud as execution of agreement has been fully proved by the scribe and the attesting witness - Defendant has miserably failed to prove the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of amount due under a promissory note - Without proving execution of promissory note and the consideration for it, an offence u/s 138 of the Act is not made out...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Payment or adjustments - D.H. not remembering as to receipt of payment and issuance of receipts - Other party producing receipts - Objections cannot be dismissed that payment is not certified - It is for the executing Court to decide the fact as to whether payments have been made or not...........
Negotiable Instruments Act, 1881, Section 4, 67 -- Pronote - Material alteration - Plaintiff to explain as to when and how alteration was made - In absence of such explanation, plaintiff must fail and onus is on him to show that material alteration was made either with the consent of parties or in order to effectuate common intention of parties - In absence of such plea,..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Quashing at pre-execution stage - Held, that petition for quashing the detention order is maintainable at the pre-execution stage and Court can issue a writ in the nature of certiorari to quash the impugned detention order and also a writ in nature of..........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Once execution of pronote is admitted, presumption would arise that it is supported by a consideration - Defendant can prove the non-existence of consideration by raising a probable defence...........
Will -- Execution - Proof - The party who sets up a Will, has to prove the same in accordance with law and to dispel all the suspicious circumstances, if any, surrounding the Will...........
Civil Procedure Code, 1908, Section 64(2), Order 38, Rule 10 -- A prior agreement to sell prevails over an attachment made in execution of a decree based upon a subsequent contract - An agreement for sale creates an obligation attached to the ownership of the property and an attachment made in execution of a decree is not free from the obligations incurred under a prior..........
Civil Procedure Code, 1908, Section 60 -- Pension and gratuity - Retain their character as such even when received by J.D. and cannot be attached in execution of a decree...........
