Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional claims - If in a notice while giving breakup of claim, cheque amount, interest, damage etc., are separately specified, notice will not be bad - However, if, in the notice, an omnibus demand is made, without specifying what was due under the dishonoured cheque, notice would be..........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute has admittedly culminated in a comprehensive One Time Settlement under which Bank has received the entire outstanding amount - Recovery proceedings before tribunal have..........
Indian Penal Code, 1860, Section 420, 468, 5471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute arising out of commercial transaction which has been amicably resolved through One Time settlement under which Bank has received entire outstanding amount - Recovery..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami transaction - Fiduciary relationship - Plaintiff purchased property in the name of his mother - However, plaintiff does not claim that his mother was standing in fiduciary capacity with reference to him - Suit for declaration claiming exclusive owner of property is not maintainable in view of prohibition..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Claim for maintenance u/s 24 of the Act is not defeated merely because the applicant is educated or theoretically capable of earning...........
Maternity Benefit Act, 1961, Section 5 -- Maternity benefit - Grant of maternity benefit is per se not denied to a woman employee having more than two children - Thus, there is no ceiling or cap on number of children to claim maternity benefit - Only thing is that in case of a woman employee having two or more than two surviving children seeking maternity leave, period of..........
Registration Act, 1908, Section 17, 49 -- Un-registered agreement to sell - In the absence of a suit for specific performance, agreement to sell cannot be relied upon to claim ownership or to assert any transferable interest in property...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Unregistered - Plaintiff is owner of suit property - Only defence raised by defendant opposing claim of possession which is based on S.53-A of the Act - However, since agreement is unregistered, defendant cannot seek to protect her possession over suit property by placing reliance on..........
Transfer of Property Act, 1882, Section 60 -- Usufructuray mortgage - Redemption - In case of usufructuray mortgage, a mortgage with possession, mortgagor retains right to redeem the property at any time, unless a specific time limit for redemption has been prescribed - Limitation period u/art 61 of Limitation Act begins only when mortgage money is fully discharged, either..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Driver of offending vehicle wholly responsible for accident - Both MACT and High Court have awarded only 10% towards future prospects - Quantum of compensation awarded by High Court is modified by restoring verdict of MACT with regard to 100% negligence attributable to driver of offending..........
