Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Complaint by company - Evidence of Power of attorney/PW1 - PW1 had given evidence as branch accountant of complainant company and not as Power of Attorney - Transaction was prior to appointment of PW1 in company - PW1 has no direct knowledge regarding transaction - When complainant limits the..........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Money decree - Attachment of salary - High Court stayed the order of Executing Court subject to payment of Rs.2.50 lakhs which was deposited by the petitioner - Petitioner allowed to pay the remaining decretal amount in two instalments - In the event of any default in these payments, order of attachment would..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Complainant purchased land from co-accused - Accused acted as a broker in the execution of deal - He was neither the executant nor witness to the sale deed - No allegation that accused had entered into a criminal conspiracy with any other..........
Insolvency and Bankruptcy Code, 2016, Section 14 -- Moratorium imposed u/s 14 of the Act against Company - No prohibition on proceeding against Directors/officers of Company for execution of decree, provided that they are otherwise liable to abide and comply with order, which is passed against Company - Protection of Moratorium will not be available to Directors/Officers..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - S.47, CPC, being one of the most important provisions relating to execution of decrees, mandates that an executing court shall determine all questions arising between the parties to the suit or their representatives in relation to the execution, discharge, or satisfaction of the decree and that such..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court can dismiss an execution application if decree put to execution is unmistakably found to suffer from an inherent lack of jurisdiction of Court that made the same rendering it a nullity in the eye of law...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Deciding a case without first adjudicating on its competence to decide such controversy, amounts to decision rendered on an illegal and erroneous assumption of jurisdiction and can be assailed as lacking of inherent jurisdiction and treated as a nullity in the eye of law - Decree drawn up based thereon is..........
Agreement to sell -- Specific performance - Time was not essence of contract - Suit filed after a long gap of 33 years from date of execution of agreement to sell - No effort was ever made by plaintiff to get sale deed executed in her favour - When plaintiff failed to file suit for specific performance within reasonable time from the date of execution of agreement and..........
Will -- Execution - Witnesses have identified their signatures on Wills only being scribes and not one of the attesting witnesses - Statutory requirement of Will have been attested by two witnesses has not been fulfilled...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant no.2 from whom plaintiff alleges to have purchased the property vide a sale deed himself has specifically denied the factum of said execution - There is no public document or any other document available on record to prove that wife of defendant no.2 was owner of property, as she was minor..........
