Indian Penal Code, 1860, Section 308, 34, Criminal Procedure Code, 1973, Section 357 -- Conviction - Award of compensation - Injured received contusion, lacerated wound and abrasion on left face right eye-brow and right wrist and fracture in left jaw - Conviction by trial Court - Appeal thereagainst - Held, prayer for imprisonment for period already undergone allowed -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Earlier application filed seeking to implead subsequent buyer of property was allowed - Application for amendment has now been filed seeking alternative relief of refund of earnest money along with interest - Contention of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Agreement of sale executed between petitioner and respondent No.3 - Petitioner had issued cheques to respondent No.3 and impugned cheque for an amount of Rs.14,400/- was dishonoured on presentation before bankers on the ground of..........
West Bengal Premises Tenancy Act, 1997, Section 17 - - Eviction suit - Order for payment of arrears of rent - Revision - Revisional Court had upset such well reasoned finding of trial Court on a perverse reasoning that the onus was on landlord to show that rent receipts were issued to tenant upon payment of rent - Held, onus is on tenant to produce the rent receipts to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Complainant had given loan of Rs.1,50,000/- to accused - Cheque issued by accused for re-payment of loan amount got dishonoured - Accused did not deny his signature on cheque - Accused could not lead any evidence as contemplated u/s.139 as he did not choose to file reply to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Counter case - Quashing of proceedings - Issuance of cheque by "V" for supply of products - Cheque was handed over to complainant by "S" on behalf of accused being his business associate - After 8 days of issuance of demand notice "V" moved an application u/s..........
Indian Penal Code, 1860, Section 406, 498A,506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 498-A, 506 IPC - Statement of CW-4 regarding payment of cash amount by accused, maltreatment, harassment, physical and mental torture suffered by her at the hands of accused - Held, trial Court has considered and appreciated each and every aspect of the matter..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant has proved beyond doubt that there was loan transaction between parties and applicant/accused gave cheque of Rs.1,50,000/- which got dishonoured - Notice of payment was given and thereafter, criminal complaint was lodged within time - Held, trial Court as well as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Revision against - Imposition of sentence of simple imprisonment for one year with further direction to pay compensation of Rs.2 lacs to complainant - Denial of petitioner to pay even cheque amount what to talk of compensation amount as ordered by trial Court - Prayer of petitioner that..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Suit for specific performance - Default in making payment of balance consideration - Consequences of - Held, once it is held that direction to make payment of balance consideration within stipulated period is incidental in nature and the fact that O.20.R.12-A of CPC nowhere provides the consequences of dismissal of suit for..........
