Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Cheques neither issued nor signed by appellants, nor they had any role in their execution - No material on record that they were responsible for issuance of cheques in question - Their involvement in the company's affairs was purely non-executive, confined to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 95 -- Execution - Objections - Once objections filed by JD are dismissed by Executing Court and same have attained finality, JD had no locus standi to file any further objections - Auction purchaser who had purchased property in auction, had stepped into the shoes of DH and had every right to further seek possession,..........
Consumer Protection Act, 1986, Section 27, Insolvency and Bankruptcy Code, 2016, Section 96 -- Stay of execution of penalty orders - Interim moratorium - Penalties imposed by NCDRC arise due to non-compliance with consumer protection laws and serve a regulatory function rather than constituting "debt recovery proceedings - Moratorium u/s 96 of IBC does not extend to..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Power of Attorney Act, 1882, Section 2 -- Sale deed - Execution of sale deed by power of attorney holder - Cancellation of power of attorney subsequent thereto - Cancellation does not affect the prior sale deed executed more so when there is no contention that attorney was not conferred with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Will -- Suspicious circumstances - Propounder of Will is not only required to prove execution of Will in terms of S.63 of Succession Act but is also required to dispel suspicious circumstances if any demonstrated by caveator...........
Will -- Suspicious circumstance - Testator was not required to give reasons for altering his prior Will that he executed 24 years prior to execution of present Will - Neither cancellation of prior Will after 24 years nor non-mentioning of reasons to execute new and fresh Will can be said to be not normal or suspicious...........
Will -- Suspicious circumstances - Attesting witnesses and scribe of Will have proved execution of Will in terms of S.63(c) of Succession Act - No evidence on record regarding any incapacity suffered by testator - There is no circumstance to show that testator acted in a manner which a normal prudent man would not - Will is proved...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Merely because a decree of specific performance can be executed within 12 years from date of original decree or from the date appellate Court affirms such decree that by itself, does not mean that a decree holder deposits the balance sale consideration at his own sweet will -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution petition - Amendment - Adding left out amount - Order allowing amendment, upheld...........
