Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit before revenue Court - Impleadment sought on the basis of agreement to sell in their favour - Mere execution of agreement to sell does not create any right in favour of respondents - Order allowing application set aside...........
Civil Procedure Code, 1908, Section 55, Order 21, Rule 37, 38 -- Execution - Arrest and detention of JD - DH did not place on record any evidence about existence of property in the name of JD - Executing Court wrongly placed burden on JDs to disprove version of DH - Conclusion arrived by Court below is not in accordance with law - Impugned order directing JD to pay entire..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - Exemption from attachment of sole residential house - Decree for specific performance - Principal amount under the decree already paid - Only dispute is with regard to amount of interest - Defendants are in a precarious financial position, whereas DHs have been granted relief by Court - Principal amount stands..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Execution admitted - S.139 of the Act mandates the presumption that cheque was issued for the discharge of any debt or other liability...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Execution of Power of attorney on receipt of Rs.12 Lakhs as consideration - Revocation or cancellation of power of attorney - Whether power of attorney was revoked or cancelled with bona fide intention or with mala fide intention to cheat the agent who had paid part sale..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused filed an application u/s 391 Cr.P.C for proving an agreement on the ground that said agreement was not traceable when trial was going on - He availed as many as 27 effective opportunities to lead his defence evidence - No reason has been assigned in the application for delay in..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant denied the execution of agreement - However, plaintiff has duly proved the agreement - Neither averment in written statement that plaintiff was not ready and willing to perform his part of contract nor there was any suggestion to that effect in the cross-examination of plaintiff - Plaintiff..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - When execution of negotiable instrument is admitted, passing of consideration is admitted and signature on cheque is admitted then Court may draw presumption u/s 118 of the Act and Court shall draw presumption u/s 139 of N.I Act in favour of holder of negotiable instrument...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 293(4) -- Dishonour of cheque - Sending cheque and promissory note for expert opinion - Accused did not dispute the execution of cheque though disputed payment - However, accused did not dispute the promissory notes as well as endorsement of part payments on promissory notes - There is no..........
Will -- Joint Will or mutual Will - Will executed by parents of defendant in favour of their children - Beneficiaries are not the testator themselves - Will in question is a joint Will - Surviving spouse i.e mother of defendant had only a limited right in the property and not an absolute right to deal with the property - Defendant thus, cannot wriggle out of his..........
