Indian Contract Act, 1872, Section 74 -- Compensation or damages - Breach of contract - Pre-estimated amounts - In a scenario where contractual terms clearly provide factum of pre estimate amount being in the nature of `earnest money', the onus to prove that the same was `penal' in nature squarely lies on the party seeking refund of the same - Failure to discharge such..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint to seek alternative relief of earnest money in a suit for specific performance - Court is vested with wide judicial discretion to permit plaintiff to amend plaint even at a later stage of the proceeding to seek alternative relief of refund of earnest money...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for cancellation of sale deed executed by plaintiff in favour of defendant - Sale deed in question speaks about payment of entire consideration money at the time of its execution and title and possession passed to purchaser soon on registration of sale deed - Cheques mentioned in sale deed were..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence put up by defendants in the application for leave to defend boarders on peripheral issues and not on main issue relating to question as to whether they owe money to the plaintiff - Defence put by defendants in their application for leave to defend appears to be illusory..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - It cannot be probable defence that complainant has no capacity to pay the money until and unless an initial defence is set up by a reply notice or accused examines his witnesses and relies upon documentary evidence...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 45, 70, 4 -- Bail - Money laundering - Medical report of petitioner shows that he is an obese person weighting 153 kgs having erratic hypertension and diabetes issues - Obesity of petitioner who weighs 153 kgs is not just a symptom but is itself a disease which becomes root cause..........
Prevention of Money Laundering Act, 2002, Section 3 -- Money laundering - Petitioners stand discharged of scheduled offence - There is thus, no question of petitioners being prosecuted for illegal gain of property as a result of criminal activity relating to alleged scheduled offence - Proceedings under PMLA quashed...........
Prevention of Money Laundering Act, 2002, Section 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3 of PML Act - Quashing of proceedings - Person by handing over money with intent of giving bribe, will be assisting or will knowingly be a party to an activity connected with the proceeds of crime in view of S.3 of PML Act - Role played by such person thus, would..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Summons was served, yet wife refused - Wife had knowledge of legal procedure, as she filed three criminal cases against husband - On several dates after summons was served and wife did not remain present, decree of divorce came to be passed after waiting for almost 6..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of `said amount of money' means cheque amount...........
