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Showing : 1-10 of 2852 Results

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money whereas alternative relief claimed was refund of earnest money and damages - Total sale consideration was Rs.5825/- and plaintiff had paid total sum of Rs.4945/- - Merely refunding the earnest money paid after 60 years will be unreasonable, as plaintiff after booking the..........

BOMBAY HIGH COURT

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3 -- Bail - Offence u/s 3 of PMLA - Petitioner is in custody for more than five years and eight months - Trial Court has not yet framed charge in the case and likelihood of completion of trial of petitioner in the case within reasonable time is very bleak - Maximum sentence..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Section 30, 32, Order 16, Rule 10, 12 -- Summoning of police official - Diet money deposited - Evidence closed without making any effort to summon said official witness - Presence of such witness cannot be secured without assistance of Court - Impugned order set aside - Trial Court to ensure the issuance of process against summoned witness...........

MADRAS HIGH COURT

Year of decision: 2023
Details

Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - PWs are not reliable witnesses and their testimony regarding recovery of tainted money from the floor bristles with infirmity - DW1 and accused on the other hand, established that trap team headed by PW12, had forcibly dragged accused by holding his hand and manhandled the house owner..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Agreement to sell -- Specific performance - Refund of advance amount - Suit filed by plaintiff was barred by limitation - Plaintiffs are not entitled to a decree for refund of Rs.1 lakh with interest - However, since plaintiff had spent money in obtaining approval of layout plans and defendant had sold most of suit property and plaintiff have deposited Rs.31,45,000 in..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 474, 411, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Numerous complaints were filed by depositors and others who were cheated throughout country - Most of complaints have been given subsequent to case registered..........

RAJASTHAN HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In prosecution u/s 138 of the Act, complainant is primarily concerned with recovery of money and conviction of accused serves very little purpose...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 411, Evidence Act, 1872, Section 27 -- Offence u/s 411 IPC - Disclosure statement - Recovery of money, jewellery etc. - Independent seizure witnesses who were allegedly present during seizure/recovery of stolen articles from the house of accused `M' having turned hostile and not supported prosecution case - Standalone evidence of I.O on..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Ground on the which A-5 was convicted that he was only person who knew about availability of huge amounts of money in the Truck - Conviction of all six accused were set aside by High Court and only A-5 was convicted u/s 120-B IPC - There cannot be a conspiracy by only one accused - It is necessary for..........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Agreement to sell -- Specific performance - 92% of sale consideration paid - Plaintiff has performed almost whole of his obligation under suit agreements - He remained present before Sub-Registrar for execution of sale deed but defendant did not appear - This conduct of plaintiff in chasing defendant to execute a sale deed is relevant - Defendant had been trying to evade..........

Showing : 1-10 of 2852 Results