Civil Procedure Code, 1908, Order 3, 29, 3 -- Vakalatnama - Defective vakalatnama is liable to be returned - Defects routinely found in Vakalatnamas are : (a) Failure to mention the name/s of the person/s executing the Vakalatnama, and leaving the relevant column blank; (b) Failure to disclose the name, designation or authority of the person executing the Vakalatnama on..........
Negotiable Instruments Act, 1881, Section 4, Stamp Act, 1899, Section 2(22) -- Promissory note - Essentials of a promissory note are: (1) An unconditional undertaking to pay; (2) The sum should be a sum of money and should be certain; (3) The payment should be to the order a person who is certain, or to the bearer of the instrument; and (4) The maker should sign it - If..........
Stamp Act, 1899, Section 2(5) -- Bond - Essentials of a bond are : (1) There must be an undertaking to pay; (2) The sum should be a sum of money but not necessarily certain; (3) The payment will be to another person named in the instrument; (4) The maker should sign it; (5) The instrument must be attested by a witness; and (6) It must not be payable to order of bearer...........
Stamp Act, 1899, Section 2(22), 2(5) -- Promissory note and bond - Three distinguishing features are : (i) If money payable under the instrument is not certain, it cannot be a promissory note, although it can be a bond; (ii) If the instrument is not attested by a witness, it cannot be a bond, although it may be a promissory note; (iii) If the instrument is payable to order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Self drawn cheque - Word `bearer' not deleted - Complainant in possession of cheque is obviously the holder of the cheque in due course - Complainant is entitled to initiate the proceedings - No illegality in summoning order...........
Stamp Act, 1899, Section 2(5) -- Bond - Essential ingredients are : (i) There must be an undertaking to pay; (ii) The sum should be a sum of money but not necessarily certain; (iii) The payment will be to another person named in the instrument; (iv) The maker should sign it; (v) The instrument must be attested by a witness; and (vi) It must not be payable to order or..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Essential ingredients are : (i) An unconditional undertaking to pay; (ii) The sum should be a sum of money and should be certain; (iii) The payment should be to the order of a person who is certain, or to the bearer of the instrument; and (iv) The maker should sign it - If these four ingredients exist the..........
Negotiable Instruments Act, 1881, Section 4, Stamp Act, 1899, Section 2(5), 2(22) -- Promissory note and bond - Distinction - There are three distinguishing features, viz. (i) If money payable under the instrument is not certain, it cannot be a promissory note, although it can be a bond; (ii) If the instrument is not attested by a witness, it cannot be a bond, although it..........
Stamp Act, 1899, Section 2(5), 33, 35, 35, 40 -- Bond - Sale deed executed on payment of part payment - Balance amount payable within one year - Agreement executed - Document attested by witness and not payable to order or bearer - Held, the document is a bond - Document ordered to be impounded and to be dealt with u/s 40 of the Act...........
Will -- Suspicious circumstances - Admission by appellant that testator was an office bearer of Arya Samaj Society and rendered service to Samaj as a cashier till October-November 1998 - Will executed in the month of July - Held, appellants admission proves that testator was in good health, both mental and physical as on the date of execution of Will...........
