Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendant denied his signature in suit promissory note - Burden therefore, lay on plaintiff to establish that suit promissory note was actually executed by defendant - Though, promissory note does not require registration, however, promissory note in question is attested by two witnesses..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder of 5 persons - High Court while granting bail to accused persons overlooked the cross FIR lodged by A-6 - Post mortem reports indicate that extensive nature of bodily injuries were sustained by each of five deceased - Whether deaths occurred as a result of bullet wounds or otherwise can make no..........
Arbitration and Conciliation Act, 1996, Section 44 -- Parts I, II - Foreign award - Execution - Clause of settlement agreement showing that arbitration is to be resolved "in Zurich" in accordance with Rules of Conciliation and Arbitration of International Chamber of Commerce (ICC) - Zurich therefore determined to be juridical seat of arbitration - Arrangement accepted by..........
Arbitration and Conciliation Act, 1996, Section 44 -- Parts I, II - Foreign award - Execution - Award challenge on the ground that both the parties were Indian nationals - S.44 is party-neutral, having reference to place at which award is made - Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate relief of cancellation of sale deeds executed by defendants and declaring them as null and void - However, plaintiff has knowledge with regard to execution and registration of said sale deeds at the time of filing of suit - After expiry of..........
Civil Procedure Code, 1908, Order 21, Rule 30, 37 -- Execution - Money decree - Simultaneous execution for arrest of JD and also for attaching his salary - Earlier E.P for attaching salary of JD was dismissed for default - Subject E.P was filed for arrest of JD - JD is a Teacher and drawing salary of Rs.16,000 and he did not pay any amount after dismissal of earlier E.P -..........
Evidence Act, 1872, Section 102 -- Burden of proof - Recovery suit on basis of promissory note - Burden of proof lies on plaintiff to prove execution of promissory note - Once burden of proof is discharged by plaintiff, onus shifts on defendant to disprove execution of same...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Case put forward by accused is more believable and that it cannot be believed that complainant had lent a sum to a person whom he has seen only from tyre shop, when accused came to purchase tyres - It has come out during cross examination that complainant..........
Agreement to sell -- Execution - Defendants admit their signatures/thumb impressions on agreement - They not only signed agreement but also endorsements executed on various occasions in token of receipt of part payments - Though defendants have taken a plea that their signatures were obtained on blank papers, however, they failed to prove the same - Agreement to sell is..........
Agreement to sell -- Specific performance - Extension of time for execution of sale deed - Defendants are members of one family - Signature of defendant No.2 alone is sufficient to extend period for completion of transaction - Contention that defendant Nos.1, 3 & 4 did not sign writing for extending date for execution of sale deed rejected - Even otherwise, if alleged..........
