Criminal Procedure Code, 1973, Section 122(1)(b) -- Imprisonment in default of security - Petitioner executed bond u/s 110(e) Cr.P.C for a period of six months - Pending the period of bond petitioner involved in another case and was arrested - Magistrate without issuing any show cause notice and without giving opportunity of hearing to petitioner mechanically passed an..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Date, month or year of advancing loan not pleaded - In cross examination complainant stated that amount was given in 2002 but complaint was filed in the year 2012 as such there was difference of ten years - No written document with regard to lending money - Amount admitted to be given in the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Quashing of complaint - Complaint cannot be quashed on this ground at the threshold - It is a ground to be gone into at trial - Petition for quashing dismissed...........
Service -- Misconduct - Removal from service - Delinquent being male Head constable entered Mahila Barrack in the midnight - He was apprehended inside Mahila Barrack by six female constables - Such an indisciplined conduct leading to compromising security of occupants of Mahila Barrack cannot be tolerated - Disciplinary authority justified in imposing punishment/penalty..........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Order of attachment was passed on very same day on which notice calling upon defendant to furnish security was served that too without giving sufficient opportunity to defendant to respond to said notice as required U.O.38.R.5(1)(b) CPC - There is thus, non-compliance..........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Presumption - Plea that it was executed as security for a loan and there was oral agreement to reconvey on payment of borrowed amount - No convincing evidence of oral agreement - In absence of convincing and cogent evidence, plaintiff is not entitled to adduce evidence invoking S.92 Proviso of Evidence..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23, 22 -- Eviction of son and daughter-in-law residing in self acquired property of senior citizens - Safety and security of senior citizens shall be in jeopardy unless son and daughter-in-law are evicted - Son is not expected to brand his aged father a `swindler' or then allege that aged parents..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Suit for declaration that cheque was issued as a security - Plaintiff cannot be permitted to seek relief in a suit which would frustrate the defendants from initiating a prosecution against plaintiff or seeking any other remedy available in law - Plaint is liable to be rejected..........
Rent and Eviction -- Eviction petition - Plea of tenant having no objection to vacate subject to refund of security deposit and expenditure of Rs.75 Lakhs for repairs and maintenance of premises - Proof of expenditure - A suggestion has been put to DW1 that no money was spent by tenant for repairs or renovation of suit schedule premises, as the suit schedule premises was a..........
Agreement to sell -- Specific performance - Purpose of sale stated to be for marriage expenses - Held, document which otherwise can be said to be an agreement to sell, will not become a loan agreement and/or security document...........
