Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102 -- Execution - Objection by transferee pendente lite - Application U.O.21.R.97 CPC not maintainable at the instance of third party being a transferee pendente lite in view of O.21.R.102 CPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.6 lakhs - No prudent person will advance such a huge amount without execution of proper documents in support thereof...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Fresh accrual of cause of action on account of execution of subsequent sale deed - Bar of S.11 CPC would not be applicable, because issue would still be left open to be decided by Court about effect of earlier decree - Application u/s 11 CPC rightly dismissed...........
Stamp Act, 1899, Section 36 -- Insufficient stamped document - Question of execution or evidentiary value of document should be established apart from question of admissibility in evidence either u/s 36 of the Act or otherwise on account of deficiency of stamp...........
Succession Act, 1925, Section 214 -- Succession certificate - Death of DH - LRs or Legal heirs are not required to produce succession certificate to proceed with execution proceedings in Land Acquisition cases, motor accident claim cases and cases under Electricity Act to realize compensation amount, as compensation arises out of these cases would not come under purview of..........
Indian Contract Act, 1872, Section 128 -- Surety - Liability of surety is co-extensive with that of principal debtor - It is prerogative of creditor alone, whether he could move against principal debtor first or surety to realise the loan amount - Surety has no right to restrain execution of decree against him until creditor exhausts his remedy against principal debtor...........
Registration Act, 1908, Section 34, 35 -- Registration - Document cannot be registered in absence of executor before Registering authority or his authorized representative, assignee or any other person as permissible under the Act admitting execution of document...........
Registration Act, 1908, Section 35(1)(c) -- Registration by representative of executor - Wife not aware that her husband is dead or alive - Moreover, wife not admitted the execution of deed - Held, provision of S.35(1)(c) of the Act is not applicable...........
Negotiable Instruments Act, 1881, Section 138, 148, 143A -- Dishonour of cheque - Power of appellate Court to order payment pending appeal against conviction - Appellate Court ordered to deposit 20% of compensation for suspending execution of sentence of imprisonment - Said order held, unreasonable - Quantum of deposit 20% of cheque amount modified to 5%...........
Stamp Act, 1899, Article 47A -- Deficient stamp duty - Suit for specific performance - Subject document is `house sale deed', as total sale consideration was paid - It is not an agreement of sale - Said unregistered document is inadmissible in evidence unless and until deficit stamp duty is paid - Court below thus, rightly directed plaintiff to pay deficient stamp duty and..........
