Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction order - Obstructor claiming to be in possession in his independent right of tenancy - No rent receipt or documentary evidence produced - Rent, if not accepted by landlord, not deposited in Court - Merely because of the original rent note executed between D.H. & J.D. being in the hand of obstructor does..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Cause of action - Issuance of notice by itself does not give rise to cause of action - It is communication of notice i.e. receipt of notice which would ultimately give rise to the cause of action for filing of the complaint, when in spite thereof the cheque amount is not paid...........
Agreement to sell -- Specific performance - Document not an agreement of sale but only a receipt - Document contemplating sale agreement to be executed in due course - Held, a document which is imperfect, incomplete, vague and uncertain and there was no concluded contract as such the same cannot be enforced by way of specific performance...........
Agreement to sell -- Specific performance - Defendant controverting the document to be a fabricating receipt and subsequently converting it into an agreement of sale - Burden of proof of agreement of sale does not shift upon defendant - Burden of proof still lies heavily on the plaintiff to establish the alleged transaction to be an agreement of sale...........
Securities Contract Regulation Act, 1956, Section 4, 7, 9 -- Protection of investors - Duty of Stock Exchange - Bombay Stock Exchange (BSE) listed shares/scrip of a company with exchange for trading on receipt of information that same had been listed on Ahmedabad Stock Exchange - Subsequently it was revealed that company was involved in fraudulent dealing of its scrip -..........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - New plea - Money suit on the basis of pronote and receipt - Suit decreed - Appellant taking plea that pronote and receipt are not sufficiently stamped - This plea neither pleaded in written statement nor raised before trial court - Held, appellant is estopped from raising this plea for the first time in regular..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Agreement to sell - Agreement executed in between landlord and tenant - Eviction petition as well as suit for specific performance - Vendor alleged to have paid the entire sale consideration in cash - Petitioner in eviction petition as well as suit for specific performance sought to induce secondary evidence in respect..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Issue of process - Quashing of - Except for mentioning that notice had been sent on 1st March, 2005, and that same had been received by appellant, no date has been mentioned as to when same was received by appellant - Held, period for computing cause of action and limitation prescribed u/s.142..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Plea of tenant that he had already paid the arrears of rent - Proof of - Relationship of landlord and tenant not cordial - In such a situation tenant can never have tendered the rent without obtaining receipt...........
Medical negligence -- Expert evidence - Surgery - Left leg femur - From the evidence of the expert which is produced by the appellant himself, it is proved that there was no negligence in the treatment as well as in the course of operation which was conducted by the doctor - No evidence produced by the appellant to prove his allegation that he had paid Rs. 29,200 on his..........
