Civil Procedure Code, 1908, Section 47 -- Execution - Consent decree - Executing Court has no authority to set aside, modify or vary the consent decree...........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Conviction u/ss 7, 13(1)(d), 13(2) Prevention of Corruption Act - Suspension of sentence - Appellate Court is required to record reasons in writing for ordering suspension of execution of sentence or order appealed - Reasons not indicated while directing suspension..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Money decree - Auction of property of JD in execution of decree - JD filing application for setting aside sale U.O.21.R.90 CPC - Application dismissed - Held, JD can challenge the sale u/s 47 of the Code even after dismissal of petition U.O.21.R.90 of the Code...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 72, 90 -- Suit for recovery of mortgaged money - Suit decreed - Mortgagor selling property after the decree - Held, transferees of Judgment Debtor subsequent decree can raise objection against execution of decree u/s 47 of the Code, they being representative of the JD...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - For conviction u/s 307 IPC it is sufficient if there is present an intent coupled with some overt act in execution thereof - It is not essential that bodily injury capable of causing death should have been inflicted - Accused charged u/s 307 IPC cannot be acquitted merely because the injuries inflicted on the..........
Evidence Act, 1872, Section 90 -- Old documents - Presumption attached to 30 years old documents - Presumption - Is not conclusive - S.90 of the Act is based on necessity and convenience to prove old documents in evidence - Presunption relates to execution of document but not to the truth of its contents - Court has to draw presumption or to require proof of its execution..........
Evidence Act, 1872, Section 63 -- Secondary evidence - Permission to lead secondary evidence - Does not dispense proof of document its existence and execution and that the copy has come from proper custody...........
Evidence Act, 1872, Section 71 -- Attesting witness - Proof of signature - Proof of signature of attesting witness to the agreement will not serve any purpose, unless execution and signature of the execution of the document is established - Proof of the signature of the attesting witness to the agreement would arise only if that witness was examined and he denied his..........
Will -- Unsound mind - A person is presumed to be sane until the contrary is proved - To prove the contrary at least some evidence of conduct precedent, attendant and subsequent to the act done under alleged unsoundness, must be proved - No evidence on record that testatrix was not in a fit state of mind to execute the Will - In absence of a specific plea as to undue..........
Consumer Protection Act, 1986, Section 2(1)(g), Contract Act, 1872, Section 128 -- Banking service - Banker's lien - Fixed deposit - Guarantors' liability - Time barred debt - Without consent of the complainant FD converted in 1994 has been made security as against time barred debt of 1980 - Creditors remedy against debtor was not exhausted and no steps were taken against..........
