Bahi entry -- Suit for recovery of money - A preponderance is in favour of the plaintiff that he advanced the money - Even if the thumb impressions could not be compared due to some technical defect and the execution of writing itself is not challenged, the suit can still be decreed for the reason of consideration received...........
Civil Procedure Code, 1908, Order 21, Rule 2-A, Limitation Act, 1963, Article 125 -- Execution - Payment or adjustment - Not to be recognised if not certified or recorded by Court within 30 days from the date when the payment or adjustment is made...........
Will -- Suspicious circumstances - Presence of propounder of Will at the time of execution of Will and he not actively participating in the execution of Will - Not a suspicious circumstance...........
Will -- Suspicious circumstances - Some of the suspicious circumstances are : (i) the propounder taking a prominent part in the execution of a Will, which confers substantial benefits on him; (ii) Shaky signature; (iii) a feeble mind which is likely to be influenced; and (iv) unfair and unjust disposal of property...........
Civil Procedure Code, 1908, Order 20, Rule 1, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 -- Order 20 requires a judgment to contain ail the issues and findings or decision thereon with reasons therefor - Judgment has to state the relief allowed to a party - Obligation cast by Code that decree shall agree with the judgment - Judgment should clearly indicate the relief..........
Civil Procedure Code, 1908, Order 3, Rule 2, Evidence Act, 1872, Section 118 -- Power of attorney holder - Pronote - Execution - Proof - Plaintiff not appearing as a witness - Power of attorney was present at the time of execution of pronote and receipt - Held, power of attorney holder is competent in the circumstances of the case to depose regarding execution of pronote..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for partition pending - Execution of `Batai patra' (Tenancy of agricultural land) is hit by principle of lis pendens...........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Evidence Act, Section 118 - Right of holder of power-of-attorney to prove transaction - Power-of-attorney holder present when transaction had taken place i.e. pronote and receipt executed - Competent to depose regarding execution of pronote and receipt as well as receipt of money - Plea that holder of power-of-attorney cannot..........
Advocates Act, 1961, Section 35, 37, 38 -- Advocate - Professional misconduct - Advocate receiving money in execution of decree, on behalf of decree holder, but not accounting him and using it for own need of medical treatment - State Bar Council holding him liable and struck off his name from the Roll - Bar Council of India, in appeal, condoned it on ground that there was..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Complaint by GPA holder - GPA to be filed into Court and Court should also insist on filing an affidavit to be presented in lieu of proof of execution of the GPA...........
