Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property by senior citizen - Failure on part of transferee to maintain transferor - Respondent No.5, owner of disputed property, handed over to petitioners possession of first floor with an implied latent promise that petitioners/transferee would at least vouch for welfare of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Territorial jurisdiction - Cheque presented for encashment at place `K' - Part of cause of action took place within territorial jurisdiction of Court at place `K' - Court at place `K' has jurisdiction to try such offence...........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 24, Package Deal Rules, 1962, Rule 5, 11 - - Allotment of excess land - Assessment of price - State Govt. afforded consideration to claim of petitioners to purchase land allotted in excess and assessed price at a certain rate - However, in impugned order, there is no basis disclosed for arriving at such..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Negligence on the part of lawyer - Plea cannot be accepted for the reason that defendant has not taken any action against the concerned lawyer for remaining negligent - Only conclusion that could be drawn is that defendant himself had remained negligent in attending suit proceedings - No..........
Indian Penal Code, 1860, Section 302 -- Murder - Intention & knowledge - Distinction - Difference is of degree - Knowledge means consciousness or realization or understanding - Knowledge denotes a bare state of conscious awareness of certain facts in which the human mind might itself remain supine or inactive whereas intention connotes a conscious state in which mental..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - When cause of action for amendment arose during pendency of suit, proposed amendment ought to be granted and bar U.O.6.R.17 for seeking amendment of pleadings after commencement of trial and requirement of due diligence under the proviso thereto would not apply...........
Karnataka Sales Tax Act, 1957, Section 24, Prevention of Corruption Act, 1988, Section 13 -- Corruption charges - Doctrine of election - Applicability - Held, availability of plural remedies under distinct enactments such as P.C. Act and K.L. Act would not mean that complainant would have to choose his remedy under one of the enactments - Complainant may avail remedies..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Appellant having been fully aware of the fact that respondent was a married person have entered into a live-in relationship - Held, all live-i, relationships are not relationships in the nature of marriage - Appellant's and the respondent's relationship is, therefore, not a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504 -- Quashing of complaint - Petitioner/accused alleged to have committed offence punishable u/s.504 IPC - Respondent/complainant had no case that accused had used any abusive words in front of him or addressed any letter to him containing such provocative words - Merely because certain things..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Complainant running his business at Parwanoo within jurisdiction of Kasauli Court - Accused having its office at Shimla - Transaction took pale at Parwanoo - Cheque presented for encashment at Parwanoo and intimation of dishonour also received at Parwanoo - Fact that cheque issued..........
