Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Offence u/ss 420, 120-B IPC - There is no element of cheating as petitioners had never induced opposite party to deliver property nor opposite party being so induced agreed to sell the property to petitioners - Petitioners had not any mal-intention as they made..........
Indian Penal Code, 1860, Section 420, 406, 467, 471 -- Cheating & Criminal breach of trust - Hire purchase agreement - Non payment of instalments - Seizure of vehicle - Accused is trustee of vehicle - FIR lodged to put pressure on petitioner - No criminal intention of theft or criminal breach of trust on the part of petitioner till the subsistence of agreement - FIR..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Default in payment - Punishment - Held, for every breach of order, Magistrate is empowered to issue a warrant provided application is made within one year from date on which amount became due - If amount is remaining unpaid after execution of warrant, Magistrate is empowered to sentence defaulter to imprisonment..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife alleged to have been subjected to torture and cruelty by husband and his family members - She was taken to Maika where she begot child - On repeated request husband arrived at her place but failed to accompany wife and child, on pretext that till payment of Rs.2 lacs was made, she would not be honoured - Wife..........
Stamp Act, 1899, Article 23, Stamp Act, 1899, Section 35, Article 23 - - Agreement to sell - Part payment made and possession delivered - Agreement to sell is a conveyance within the meaning of S.2(10) of the Act - Agreement to sell is required to be duly stamped - Agreement to sell, if not duly stamped, is not admissible in evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Injunction to restrain vendor from transferring, assigning, leasing, mortgaging the property in dispute - Time regarding payment of balance price was the essence of contract and such payment was not dependent upon plaintiff's satisfaction regarding title and also not..........
Indian Penal Code, 1860, Section 409, 477A, Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 10, Evidence Act, 1872, Section 47 -- Breach of trust and falsification of accounts - Proof - Accused No.1, G.M. of Canbank Mutual Fund (CMF) allegedly with dishonest and fraudulent intention induced CMF to part with Rs.32.50 lakhs by..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 6B, 6C, 6D, 6E, 6F, 6G -- Counter claim - Every principle that applies to adjudication of suits, applies to counter claim also - Counter claim for all practical purposes, resembles an independent suit, be it in the context of limitation, payment of Court fee and the like - Counter claim can be made even while acknowledging any..........
Punjab Regional and Town Planning and Development Act, 1995, Section 45, 46 -- Resumption of site - Non-payment of installments - Forfeiture of amount - Power of authority - Held, no, payment of due installments is breach of terms and conditions of allotment - Authority is well within its right to resume site and forfeit whole or any part of money paid as per cl.(9) of..........
Haryana Urban Development Authority Act, 1977, Section 17, Haryana Urban Development Authority Act, 1977 - - Allotment of shop - Non-payment of installment - Demand of interest - Petitioners paid entire balance amount Rs.5,74,500/- on 11.10.2007 - Offer of possession was made on 28.08.2007 - Held, no interest on principal due can be charged till that date - However,..........
