Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - Court always trusts counsel who appear before it and passes an order recording submissions of counsel - Court is not expected to inquire whether counsel representing parties are really authorized in writing by their clients to make a particular statement...........
Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - When counsel makes statements before Court, before recording the same, Court will have to take an affidavit of counsel stating that they are really appearing for parties and that parties have instructed them to make a particular statement...........
Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - Counsel who appeared for appellants were either not authorized to represent appellants or were not authorized to make a concession - Statement given by counsel recorded in the order recalled - Appeals restored - Appellants liable to pay costs quantified at..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - No assertion in the complaint that appellant at the time of commission of offence was in charge of business of Company - Appellant cannot be prosecuted with the aid of S.141(1) of the Act - Order taking cognizance against appellant quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - No assertion in the complaint that appellant at the time of commission of offence was in charge of business of Company - Appellant cannot be prosecuted with the aid of S.141(1) of the Act - Order taking cognizance against appellant quashed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte interim injunction - An ex-parte interim injunction order is passed only in case of grave urgency after considering principles governing grant or refusal of injunction and analyzing pleadings and documents on record, that too for a specified period - Court should also take an undertaking from plaintiff that if..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of father-in-law - Eviction of son-in-law - House in question was purchased by respondent/father-in-law in the year 2007 - Petitioner being son-in-law after the death of his wife is living in the house in question as a permissive occupant - Contention of petitioner that house was..........
Oral consent -- Order passed on the basis of oral consent of counsel which is expressly recorded in the order - All the Constitutional Courts in India accept oral statements made on behalf of the parties - Order passed cannot be reviewed on the ground that there was no written consent...........
