Will -- Partition suit - Execution of Will in favour of three daughters to the exclusion of plaintiff/son - Will in question proved in accordance with law - Two properties bequeathed by father/testator in favour of his three daughters - Plaintiff was disinherited by father with respect to said two properties - Plea of plaintiff that there existed three properties not..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit by accused - Accused in a complaint u/s 138 N.I. Act is entitled to lead evidence on affidavit...........
Indian Penal Code, 1860, Section 323, 354, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 323, 354 IPC - Compromise between parties - As De-facto complainant has filed an affidavit stating that she has with her own volition compromised the matter with accused and genuineness of said statement has been verified by DSP, therefore, parties are permitted to enter..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused in defence can lead his evidence by way of affidavit...........
Writ petition -- Disposing of petition without affording party to file counter-affidavit - Held, untenable - On the said ground alone, writ order is liable to be set aside...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, Debt Recovery Tribunal (Procedure) Rules, 1993, Rule 12(9) -- Recovery of debt - Application seeking cross-examination of bank`s witness by borrower - Transaction took place prior to year 1998 - In year 2018, an officer who swears to an affidavit, will be speaking only from the facts as..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendants contended that they did not receive suit summons and their father died much prior to date of statement of account on which suit was filed - Statement of defendants in their affidavit filed in support of application filed for setting aside ex parte decree..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Date of advancement of loan and issuance of cheque not mentioned in complaint as well as affidavit of complainant - Neither any written agreement was executed between parties nor income tax return of complainant reflected as to advancement of loan - Complainant did not know accused..........
Indian Penal Code, 1860, Section 354, 448, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(1)(x) -- Offence u/ss 354, 448, 34 IPC and Ss.3(1)(xi), 3(1)(x) of SC/ST Act - Compounding of offence - Reduction of sentence - Affidavit filed by complainant shows that incident in question took place almost 9 years ago due to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Pre-requisites to grant injunction - Unless and until, the affidavit filed in support of injunction application makes out prima facie case and deponents states on oath that balance of convenience is in his favour and there is risk of irreparable loss - Court cannot grant injunction...........
