Civil Procedure Code, 1908, Order 38, Rule 10 -- Agreement to sell executed prior to attachment - Contractual obligations under an agreement of sale will prevail over rights of attaching creditor...........
Civil Procedure Code, 1908, Order 38, Rule 10 -- Agreement to sell executed prior to attachment - If a property which is subject matter of contract of sale is attached, then attachment will be enforceable against balance amount payable by purchaser...........
Insolvency and Bankruptcy Code, 2016, Section 60(5) -- Jurisdiction of NCLT - Attachment of property under Benami Transactions Act - Legality and validity of order of attachment under Benami Transactions Act cannot be challenged by NCLT invoking S.60(5) of the Act...........
Insolvency and Bankruptcy Code, 2016, Section 60(5), 36 -- Jurisdiction of NCLT - Attachment of property under Benami Transactions Act - Once the Adjudicating Authority under Benami Act has concluded that corporate debtor is a benamidar, beneficial ownership stands negated - Legality and validity of such determinations are subject matter of appeal under provisions of..........
Insolvency and Bankruptcy Code, 2016, Section 36 -- Liquidation estate - Where corporate debtor is merely an ostensible holder, property never forms part of its estate and cannot be administered in liquidation...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 306, 34 -- Anticipatory bail - Abetment of suicide - Case of prosecution rests upon contents of suicide notes of deceased - However, there is nothing credible enough for substantiating the same - Exchange of WhatsApp texts of deceased with applicant prior to her committing suicide also..........
Bharatiya Nyaya Sanhita, 2023, Section 108 -- (Indian Penal Code, 1860, S.306) - Abetment of suicide - Mere breaking up of relationship may not per se constitute instigation so as to make it to be a case of abetment u/s 108 BNS...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 108 -- (Indian Penal Code, 1860, S.306) - Bail - Abetment of suicide - Parties were in relationship for around eight years - No dying declaration of deceased on record - Mere breaking up of relationship may not per se constitute instigation so as to make it to be a case of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forged and fabricated agreement to sell - Quashing of FIR - Agreement to sell in question shows that there is no visible cutting/alteration at any place - FIR is a pure tactic to escape from civil liability of executing and registering sale deed in favour of petitioners, especially in light of the fact..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - Where names of relatives of husband in matrimonial disputes are mentioned without there being any specific and substantiated allegations indicating their active role, same amounts to misuse of criminal process...........
