Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution of cheque admitted as such consideration thereunder is presumed - Holder has implied authority to put date on undated cheque and the same does not amount to material alteration - No ground to quash proceedings...........
Will -- Registered - Lends a greater authenticity to the proper execution of the Will...........
Will -- Beneficiary - Taking part in execution - An old lady desiring to execute her will cannot be expected to go for looking a lawyer of her own - It is but natural she would rely upon the person she was living with...........
Will -- Old lady - Doctor witness - Where the testator was a old lady and required treatment, it is well advised if the doctor examines her and also witnessed the Will - It lends credit to its execution and not a suspicious circumstance...........
Civil Procedure Code, 1908, Order 50, Rule 1 -- Small Cause Court - Decree - Execution - Court of Small Causes has no power to attach immovable property of J.D. to recover the decretal amount - Movable property can only be attached...........
Consumer Protection Act, 1986, Section 25,27 -- Enforcement of order - Complaint filed for non-allotment of house - Decreed by District Forum directing the O.P.-Housing Board to include the complainant in the scheme of allotment for house and a house be allotted to her - In execution proceedings the District Forum ordered the complainant that if she is ready and willing to..........
Limitation Act, 1963, Article 136 -- Decree for specific performance - Execution - Limitation - Directions in decree for JD to demarcate and measure property and DH to deposit balance consideration - For both directions same date viz. 23.9.66 was fixed - JD did not demarcate or measure property by 23.9.66 but DH deposited money in Court on that date -..........
Will -- Suspicious circumstances - Disinheriting wife and three daughters and they left at the mercy of his younger brother and younger brother's son-in-law who made not only executor of Will but also given right to manage properties - No charge created on properties to protect interests of testator's heirs - False recital in will as to gift in favour of daughters in..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Stay by appellate Court - When appeal is dismissed affirming the decree without any alteration then execution petition filed earlier can be continued...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 11 -- Execution - Decree of eviction, arrears of rent and damages - Objection as to title of D.H. - Looked in by execution Court though not called for and decided in favour of appellant - High Court found fault with it and ordered for fresh execution - Not legal - High Court's view held to be suffering from..........
