Agreement to sell -- Specific performance - Readiness and willingness - Evidence by Power of attorney holder - Plaintiff cannot examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Third party auction purchaser or the assignee from the decree holder is not entitled to object restitution on the ground that he is a bona fide purchaser...........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - All the accused in connivance with each other have cheated the bank by submitting cheques of accounts in which there was no balance or without any submission thereof and entries by bank officers in the books of account showing them to be pending for clearing and giving credit to account holder/accused - Accused..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Summoning of accused - Courts must satisfy fulfillment of primary conditions before issuing summons and fulfillment of these conditions must be mentioned in the summoning order itself Viz: (i) Cheque must be presented to the bank during its validity; (ii) payee or holder, in due course, must give a..........
Hindu Law -- Joint Family property - Petitioners are claiming their rights on property in dispute as joint or Co-tenure holder, as property had been purchased from the funds of joint Hindu Family - However, petitioners failed to prove the same and in absence of any evidence to that effect petitioner could not have been granted the benefit of getting the property treating..........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of Attorney Holder - Can only depose about the facts within his personal knowledge and not about those facts which are not within his knowledge or are within the personal knowledge of the person who he represents or about the facts that may have transpired much before he entered the scene...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Suppression of material facts - Non-disclosure of other insurance policies - Insurance company has produced no documentary evidence whatsoever before District Forum to prove its allegation that insured had taken multiple insurance policies from different companies and had suppressed the same -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once the defence as propounded by accused is found to be improbable, argument that blank cheque had been given to one `H' and as such complainant was not holder of a cheque in due course is without any basis...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney who filed the complaint needs to aver that he has knowledge of complete transaction...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Denial of title of Landlord - Tenants admittedly in possession and occupation of land under lease granted by respondent - There is no other party that has claimed title to property in question and issue of any other title holder paramount does not arise in the case - It does not lie for a lessee to question the..........
