Civil Procedure Code, 1908, Section 35B -- Costs - Non-payment of costs on adjourned date - It is mandatory on part of Court to disallow further prosecution of suit or defence as the case may be...........
Criminal Procedure Code, 1973, Section 340, 125 -- False evidence - Proceedings u/s 125 Cr.P.C. - Giving false evidence by wife stated to be : (a) he and his family members got sex determination test for knowing fetus in womb either female or male child by astrologer etc. at the time of pregnancy of seven weeks some days; (b) mentioning of wrong or false date of Jat..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Witnesses to last seen theory have not specified date and month on which they saw accused and deceased together but only state that they have seen accused and deceased - Even relative of deceased and all witnesses stated that both deceased and accused were cordial - PWs have..........
Karnataka Land Reforms Act, 1962, Section 61 -- Restriction on transfer of land of which tenant has become occupant - Suit property granted in favour of defendant in 1983 - There is restriction on transfer of property for a period of 15 years from date of grant as per S.61 of the Act - Agreement to sell executed by defendant in favour of plaintiff thus, in question in the..........
Companies Act, 1956, Section 433(e), 434 -- Winding up petition - Limitation - Trigger point for purpose of limitation for filing of a winding up petition u/s 433(e) of the Act would be date of default in payment of debt in any of three situations mentioned in S.434 of the Act - Contention rejected, that cause of action for purposes of limitation would include commercial..........
Limitation Act, 1963, Article 137, Companies Act, 1956, Section 433(e), 434 -- Limitation - Winding up petition - Petition filed beyond the prescribed period of three years as mentioned in Art.137 of Limitation Act from the date of default - Petition is time barred, thus, cannot be proceeded with any further...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was not having money on the date of execution of sale of agreement itself and thereafter - Cross-examination of plaintiff shows that his earning was hand to mouth - Defendant was in need of money, as his father was having heart disease - Said fact is admitted by plaintiff - Plaintiff thus,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross examination - Despite last opportunity granted to petitioner, he failed to place on record the evidence - However, on next date of hearing, Presiding Officer was on leave - Trial Court should have considered the application u/s..........
Delhi Rent Control Act, 1958, Section 15(7) -- Striking off defence - Failure to deposit arrears of rent as directed by Rent controller - Entire arrears as directed to be deposited by tenants stood paid on date of order passed by Rent Controller striking out his defence and even beyond had been paid - Charge of contumacious failure and deliberate default in making payment..........
Special Marriage Act, 1954, Section 27 -- Divorce - Cruelty and desertion - Petition by wife - Allegation that husband habitually came home very late at night or sometimes did not come at all and he was abusive and very quarrelsome - Evidence of husband was closed, as he did not turn up on date fixed for cross-examination - Evidence adduced by wife in absence of..........
