Insolvency and Bankruptcy Code, 2016, Section 9 -- Corporate Insolvency Resolution process (CIRP) - Condonation of delay in filing application u/s 9 of IBC - Pendency of proceedings in a parallel forum is not sufficient cause for delay in filing an application u/s 9 of IBC, particularly by the time application was filed, claim had become barred by limitation...........
Agreement to sell -- Specific performance - Defendants have not disputed their signatures on agreement in question, though they pleaded that same was obtained by plaintiffs by exercising pressure/misrepresentation - However, no evidence adduced in this regard by defendants - Plaintiffs have adduced sufficient documentary material to establish valid execution of agreement..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death was caused by accused in unison and it was a homicidal death - Injuries were though sufficient in ordinary course of nature to have caused death, but accused had no intention to cause death of deceased - Accused liable to be convicted u/s 304(Part I) IPC...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Rent derived from property in dispute - Cannot be taken into consideration for ascertaining petitioner as indigent person - Since suit property cannot be taken into account while determining sufficient means as such any benefit such as rent etc. arising out of said property could also not to be considered in..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - O.16.R.1(3) CPC confers a wider jurisdiction on Court to cater a situation where party has failed to name the witness in list or party is unable to produce him or her on his own U.O.16.R.1-A CPC - In such situation party out of necessity may seek assistance of Court U.O.16.R.3 CPC to procure presence..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - If husband expects wife to stay at a place other than his company without any sufficient cause, it cannot be stated that because of resistance by wife to stay apart it would be a cruelty by wife - Divorce petition rightly dismissed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 15 years and 244 days in filing revision - Explanation given by applicant though involving death of his counsel, yet said event do not explain the long time period of 15 years - There is thus, no sufficient cause made out to condone delay on basis of which Court may exercise its discretion in favour of..........
Evidence Act, 1872, Section 45 -- Expert opinion - Sending Will to FSL - Earlier in application for expert opinion FSL report concluded that in absence of sufficient standard writings and signatures of executant, a thorough evaluation of writing habits of executant was not possible - Petitioners without assailing such report, desire to have another opinion, which is not..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Pre-mature complaint - Not maintainable - Complainant would be at liberty to institute a fresh complaint - Complainant would be at liberty to seek the benefit of S.142 Proviso by satisfying the trial Court of sufficient cause for the delay in instituting the complaint...........
Service -- Retrenchment or closure of business - Act of terminating services of all drives at the same time coupled with statement of appellant that entire business is closed down is sufficient to convey the workers that transport business had come to standstill and there was no scope of continuing business any further - Even, this Court concur with findings of fact about..........
