Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Parties entered into an agreement specifying the conditions of presentation of cheque - Parties are bound by them and cheque could not have been presented before fulfillment of those conditions...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question issued by accused with a stipulation that complainant would be entitled to encash it after receiving the bill of contract work by accused - Neither it was mentioned in the complaint nor in proof affidavit that bill was received - Cheque presented without fulfilling of said condition -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 32 -- Bail - Cheating - Default bail granted to accused was cancelled by Court and was upheld by Supreme Court - There is no material change in circumstances since passing of said order - Allegations against accused..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Following conditions are to be satisfied: (i) All efforts of mediation and conciliation including efforts in terms of O.32-A.R.3 CPC, S.23(2) CPC and S.9 of Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction..........
Consumer Protection Act, 1986, Section 17 -- Consumer complaint - Unfair trade practice - Joint venture agreement - Construction of dwelling units - Appellants/owners of land entered into agreement with Respondent No.2 and also executed irrevocable power of attorney in his favour and Respondent No.2 on the basis of said documents entered into sale agreements with..........
Allotment of plot -- Death of allottee - Father/Original allottee had properly applied for plot and was satisfying all the prerequisite conditions for allotment which was followed by actual draw of lots and issuance of allotment letter though after his passing away - However, demise of allottee would not negate the right which stood vested in his son/appellant being his..........
Service -- Transfer order - Where the incidence of transfer becomes inherent in the terms of service unless it is specifically barred under certain provisions governing conditions of service, an employee has no right to remain absent or refuse to join the new place of transfer once relieved from their current place of posting - Employee is entitled to avail all available..........
Civil Procedure Code, 1908, Section 34, Interest Act, 1978, Section 3(3) -- Interest - Interest upon interest or compound interest - Courts are not entitled to award interest upon interest unless specifically provided either under any statue or under the terms and conditions of contract...........
Parole -- Sentence of 13 years, 3 months and 29 days already undergone by accused as well as the fact that he returned back from the parole which was last granted - Court is thus, inclined to grant 15 days parole to accused - However, balance would be achieved if accused spends his time of parole at a place which is away from victim's residence - Parole granted to accused..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in dumping waste into public property - Stringent conditions in the form of at least furnishing of a bank guarantee should be imposed while directing release of vehicle dumping waste into public property...........
