Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Defendant failed to discharge the burden of proving readiness and willingness on his part to perform the contract by making payment of balance amount of consideration either on the date agreed for execution of sale deed or thereafter till filing of suit - Provision of S.53-A of the Act..........
Negotiable Instruments Act, 1881, Section 138, 139, 141, 118(a) -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Blank cheque - As per accused, he signed blank cheques by way of security - As per complainant, cheques issued towards payment of outstanding dues - Onus lies on complainant to prove that amount quantified in cheque is existing..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Recovery of excess amount withdrawn by claimants - Appellant/insurance company no doubt made out a case, since there was liberty granted to appellant to recover the excess amount payable to claimants - However, keeping in view the fact that deceased employee died at the age of 32 years and claimants having..........
Hindu Marriage Act, 1955, Section 11, 29(2) -- Null and void marriage - Second marriage by wife during subsistence of first marriage - Wife taking plea of customary divorce - Wife failed to prove customary divorce prevailing in her community - Custom cannot be created by agreement between parties and execution of `Farkatnama' between her and her first husband does not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 110 gms intoxicant powder - Recovery effected from hands of accused when he took out the same from left pocket of his pant and tried to throw away, which will amount to recovery from the search of person of accused - No offer of any type had been given to accused qua his personal search -..........
West Bengal Premises Tenancy Act, 1997, Section 7(1) -- When tenant does not dispute either relationship of landlord and tenant between parties or arrears amount of rent, then tenant has to deposit arrears rent in Court or pay the said amount to landlord within stipulated time and he does not need to file any application before the Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction till rising of Court and to pay compensation - Accused undergone nominal imprisonment and also paid compensation amount - Held, this by itself does not take away his precious right to file an appeal to challenge the very basis of conviction...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife already getting 22% of salary and allowances of husband under Army Authority - In addition to that wife also getting Rs.15,000 p.m under PWDV Act - Total salary of husband is 92,250 p.m and amount being paid as maintenance allowances comes around Rs.34,000 already being paid to wife by husband,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Compassionate appointment of wife of deceased by a person other than the owner of offending vehicle - Salary received by wife not deductible from the amount of compensation...........
Civil Procedure Code, 1908, Section 148, 151 -- Extension of time to deposit arrears of mesne profits - Delay occurred due to bona fide and inadvertent mistake of counsel in furnishing wrong Bank account number - Extension of time to deposit amount granted...........
