Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of charge-sheet - Offence u/s 406 IPC - Business transaction between two companies - Dispute regarding payment of money between them - Informant has also filed civil suit for recovery of amount, but same was dismissed on account of territorial jurisdiction - Applicants are mere..........
Civil Procedure Code, 1908, Order 21, Rule 41 -- Execution of decree for recovery of money - Power of executing Court - Executing Court can direct the judgment debtor, at initial stage itself, to file the affidavit of assets as on the date of institution of suit as well as of the current date i.e. date of swearing the affidavit in Form 16A...........
Specific Relief Act, 1963, Section 14(2) -- Civil Suit for recovery of money - Existence of arbitration clause - Civil suit for recovery of money is barred on account of existence of an arbitration clause - However, there can be possibility that arbitration proceedings cannot be resorted to then it is only a Court which can decide civil suit and not the arbitration..........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Maintainability - Suit by a lender for recovery of balance amount of money out of amounts lent to defendant - Amount claimed in suit would be the balance due at the foot of account after taking various repayments by defendant - Cause of action in plaint would not conclude with original/historical agreement..........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for recovery of money based on contract - Cause of action arises in such a suit at the place where offer is accepted and if suit is based on termination of contract then cause of action arises at the place where such termination order is received - Offer of petitioner was accepted at place `P' and..........
Agreement to sell -- Specific Performance - Jurisdiction - Property owned by defendant is situated in "Place A", so civil court at "Place A" had jurisdiction to try suit as it is not the case of simpliciter of recovery of money...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Setting aside - Non-filing of appearance - Trial Court at the time of passing judgment by default ought to have first considered maintainability of suit U.O.37 CPC - If suit itself was not maintainable U.O.37 CPC no, filing of appearance would be immaterial - This goes to root of matter as the..........
Agreement to sell -- Specific performance - Grant of decree of recovery of earnest money - No reason forthcoming as to why plaintiff kept mum for a long period of 22 years after execution of agreement to sell - Nothing on record to support the plea that plaintiff kept on asking defendant for execution of sale deed in his favour at any point of time - Held, long delay in..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 6 -- Eviction - Case set up by petitioners was that they were not in unauthorized possession but had purchased property in dispute in auction - However, their auction was not confirmed - Contention that though amount deposited by them towards auction money has been returned but interest..........
Punjab Land Revenue Act, 1887 -- Demand notice - Recovery of public money - Excess amount of compensation taken by petitioner on account of land which has already been acquired has been re-paid by him in short intervals - Interest charged @ 10.5% P.A. on account of fact that he had used Govt. money for 5 years and did not disclose it to authorities himself till it was..........
