Negotiable Instruments Act, 1881, Section 118 -- Pronote - Recovery suit - Plaintiff had discharged her burden by proving pronote by examining PW2 and scribe - Signature as well as thumb impression found on document to be that of defendant - However, defendant has not taken any steps to positively prove contrary by calling expert - In such circumstances, Courts below after..........
Consumer Protection Act, 1986, Section 23 -- Appeal - Maintainability - Appeal u/s 23 of the Act not maintainable against an order which is passed in the course of execution proceedings - Appeal dismissed being not maintainable...........
Civil Procedure Code, 1908, Order 29, Rule 2 -- Notice not served in terms of O.29.R.2 CPC - Dismissal of execution proceedings - Counsel for Insurance company had appeared in response to notice issued in claim petition under Motor Vehicles Act and had filed counter and an award too had passed on merits - Said counsel who appeared for insurance company before Tribunal and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings of fact of two Courts below based on evidence available on record that title over suit property is passed in favour of plaintiffs after execution of sale deeds by father of defendant no.1 in their favour - Said findings neither perverse..........
Madras High Court (Original Statement) Rules, 1956, Order 36, Rule 9 -- Letter Patent (Mad), Cl.15 - Grant of leave - Revocation - Defendant seeking revocation of leave granted to plaintiffs on the ground that suit property is situated outside jurisdiction - Maintainability of suit - Admittedly, agreement for sale was executed only within jurisdiction of this Court and..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Deceased died within 7-8 months of her marriage - There is oral evidence of parents of deceased regarding cruelty and torture immediately preceding death -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution of cheque - Mere admission or establishing of signature does not amount to proving of execution of cheque and where a person claims that he got cheque towards repayment of debt that was legally recoverable from accused - Under such circumstances it is incumbent on part of complainant to..........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property - Partition - Proviso to S.6(1) and S.6(5) saves any partition effected before 20.12.2004 - However, Explanation to section 6(5) recognises partition effected by execution of a deed of partition duly registered under the Registration Act, 1908 or by a decree of a court -..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Partition - Proviso to S.6(1) and S.6(5) saves any partition effected before 20.12.2004 - However, Explanation to section 6(5) recognises partition effected by execution of a deed of partition duly registered under the Registration Act, 1908 or by a decree of..........
