Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Condition of furnishing bank guarantee of Rs.15 lacs - Petitioner moved application for grant of permission to go abroad was allowed with condition of furnishing bank guarantee of Rs.15 lac - Petitioner submitted that he is ready to comply with all terms and conditions of order and has challenged the order..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Bail - Kidnapping and rape - Victim and accused both are minor and they fled away and got married and remained in..........
Agreement to sell -- Specific performance - Readiness and willingness - In evaluating whether plaintiff was ready and willing to perform his obligation under the contract, it is not only necessary to view whether he had financial capacity to pay balance consideration, but also assess his conduct throughout transaction...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not led any evidence that he was ready or willing to perform his obligations under the agreement - However, plaintiff alleged that he did not pay the balance consideration, as defendants failed to remove encumbrance on suit property - It is evident from agreement that liability to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is not doing any service - However, husband has agricultural farming and he is young man and on daily wage Rs.200/- per day is Rs.6000/- assessed by trial Court as monthly income of husband - Wife on the other hand is graduate lady but not doing any service and has no source of income, unable to..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Offence u/s 138 of the Act can be compounded as complainant agreed that on account of precarious financial condition of accused, he is ready to accept the amount of Rs.25000/-, which he has already received - Offence compounded - Conviction and sentence set aside - Accused acquitted...........
Agreement to sell -- Specific performance - Readiness and willingness - Notice was issued by plaintiff before institution of suit to defendant but same was not replied - Both trial Court and Appellate Court concurrently held that plaintiff was always ready and willing to perform her part of contract at all material times - Suit rightly decreed by trial Court in favour of..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Attack on police party - police party was escorting four accused from the Central Jail and they were to be produced in Court - They boarded the train when train reached at Railway Station four young boys entered their compartment and attacked police party in..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4 -- Maintenance to father - Challenged by daughter - Daughter contended that she is not liable to maintain her father, as he cancelled the settlement deed in her favour - However, maintenance order passed by Tribunal on the undertaking in writing given by daughter to the effect that she is ready to..........
Agreement to sell -- Specific performance - Relief of specific performance - Plaintiff cannot be punished by refusing the relief of specific performance despite the fact that execution of agreement is established and proved and he is found to be always ready and willing to perform his part of the contract...........
