Hindu Adoptions and Maintenance Act, 1956, Section 6, 7, 11 -- Adoption - Validity - Partition suit - Plaintiff admitted in her evidence that she has no proof of ceremony of giving and taking of her in adoption - Admittedly, there is no pleading in plaint regarding adoption being in accordance with provisions of the Act - Adoptive mother of plaintiff categorically stated..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Paternal grandmother of plaintiff seeking her impleadment in the suit - However, suit filed in the year 2014 and application for impleadment filed in 2019 - Paternal grandmother of plaintiff being head of family must have knowledge about family affairs and also about institution of..........
Registration Act, 1908, Section 17(1)(d) -- Un-registered lease deed - Cannot be relied upon and accepted as evidence of valid transfer of possessory rights, as it does not satisfy statutory requirements of S.17(1)(d) of the Act...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 180 capsules containing Tramadol Hydrochloride - Petitioner is a old lady of 63 years of age - She is neither in a position to tamper with prosecution evidence nor in a position to flee from justice, as she is resident of place - Custody of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To report as to what part of property is constructed upon and what part is vacant - It does not amount to gathering substantial evidence - Local Commissioner will not state in his report as to who is in possession or not in possession of any part of suit property and in case Local..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Delivery of immediate possession - Leave to contest - Landlords not disclosed that they have already taken possession of adjoining shops - It is also not case of landlords that aforesaid shops are not in their possession - It is also not in dispute that first floor of tenanted premises in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - S.139 of the Act is an example of reverse onus and therefore once an admission of issuance of cheque emanates from accused and signatures on cheques are admitted, there is always a presumption in favour of complainant that a legally..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Legally enforceable liability - Accused admitted his liability to repay amount mentioned in Written agreement between parties - There is thus, no escaping fact that it was a legally enforceable liability - Evidence was led before Court pertaining to financial capacity of complainant thereby..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Objection regarding no, filing of documentary evidence in complaint to establish that cheques were dishonoured - Certified copy of cheque return memo on record established that cheque was dishonoured - Moreover, such objection not raised at trial cannot now be heard at appellate stage - Objection..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - A drawer whose defence denying liability for payment of cheque amount having been found by Court on evidence to be either not proved or improbable, has ordinarily no right to contend that demand notice returned as unclaimed was not sent in his correct address and thus, resist presumption of..........
