Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Signature of defendant over pronote as well as receipt have been proved on record by handwriting expert - Suggestion having been put to plaintiff in his cross-examination that amount stands paid itself establishes the factum of payment of money against pronote - On the contrary no evidence was produced on record..........
Agreement to sell -- Specific performance - Readiness and willingness - Denial of execution of agreement by vendor/owner - S.16 of Specific Relief Act itself enjoins the purchaser to establish his readiness and willingness to perform his/her part of agreement regarding which one cannot seek any escape merely on account of denial of execution of agreement by vendor/owner...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was an agriculturalist having 14-15 acres of land and earning handsomely - Not even a suggestion to contrary was put to plaintiff in his cross-examination meaning thereby admitting the same as a matter of fact - Readiness and willingness on the part of plaintiff in order to perform his part..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Permission sought when case was fixed for defendant's evidence - Defendant intends to further cross-examine PW1 on procedural aspects fixed by vendor of plaintiffs on various acts at the time of execution of sale deed - Said aspect came to knowledge of defendant on conclusion of..........
Agreement to sell -- Specific performance - Execution of agreement to sell during pendency of partition suit - There was no encumbrance or dispute over suit property except partition suit - Suit property could still be sold and transferred - Plaintiff was aware of pending suit while executing agreement to sell which was agreed despite pending litigation - Even, plaintiff..........
Power of Attorney Act, 1882, Section 2 -- Power of Attorney - Termed as irrevocable power of attorney but it is not in its strict sense irrevocable power of attorney - Principal is not barred to file execution petition himself without relying on his agent i.e. power of attorney holder...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
