Civil Procedure Code, 1908, Section 25 -- Transfer of divorce petition - Husband and wife both are in Government service in Jaipur - It is not just and proper to transfer case outside Rajasthan to a remote place in Kurukshetra in Haryana at the instance of wife - Father-in-law of wife was Assistant Superintendent of Police but he has now retired - There is no allegation in..........
Document -- Will or deed confirming oral gift - Deceased husband transferred his self acquired property in favour of his wife so as to ensure her financial and social security - He was issueless and his wife/defendant no.1 has taken care of him till he breathed his last - Contents of document clearly indicates that husband had gifted property in favour of his wife - Said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was given by accused to complainant for collateral security not as discharge of any debt or other liability - Conviction and sentence rightly set aside...........
Criminal Procedure Code, 1973, Section 110 -- Notice u/s 110 Cr.P.C - Mandate of S.110 Cr.P.C is not complied by issuing a show cause notice prior to issuance of notice u/s 110 Cr.P.C - Magistrate without making an enquiry on report and objection of petitioners, had directed petitioner to give security - Petitioners were not given an opportunity to defend themselves with..........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Deposit of 75% of bid amount beyond 15 days - Delay in depositing 75% of bid amount by four days in no manner would frustrate rights of parties inter se, particularly when conduct of borrowers in getting extension orders on two different occasions and still not depositing amount of Rs.6 lakhs as per..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Auction sale - Wrong description of property - Borrower failed to demonstrate that due to typographical inadvertent error in door number, property could not fetch value as it ought to have fetched - Auction sale is proper...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Auction sale - Wrong description of property - When there is no ambiguity with regard to detailed description of mortgaged property put to auction, mere mentioning of wrong door numbers is inconsequential and does not vitiate auction proceedings - Moreover,..........
Criminal Procedure Code, 1973, Section 117 -- Order to give security - Magistrate while ordering security u/s 117 Cr.P.C has to take into consideration status and position of person to decide quantum of security bond and cannot alter purpose of provisions from preventive to punitive by imposing heavy quantum of security/bond, which a person might be unable to pay - Demand..........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Recovery suit - Property offered as a security is inadequate and less than 1/3rd of suit claim - Order of attachment of property before judgment is proper...........
Indian Penal Code, 1860, Section 467 -- Valuable security - In course of time, there are many such documents that would be considered as `Valuable securities' - To restrict a valuable security purely in terms of the restriction u/s 467 IPC may not be appropriate - In the instant case tampering has taken place in answer sheets in order to receive benefit by the other..........
