Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Second mortgage deed was not proved in accordance with provisions of Evidence Act - No entry in revenue record regarding alleged second mortgage - There were multiple litigations between parties thus, no plausible reason for plaintiff to mortgage the land with defendant - Nothing on record to prove that..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Order to pay 20% of double amount of cheque amount - Complaint was instituted in 2013 while amendment to S.143-A of the Act was introduced in 2018 - Unless it is expressly provided, retrospective application of provision is not permissible - Order to deposit 20% of double amount of cheque amount..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 147, 504 -- Anticipatory bail - Abetment of suicide - Allegation against applicants are false and misconceived and informant is willing to settle the dispute - There is thus, no material or evidence with prosecution in respect of overt act of applicants instigating deceased to commit suicide..........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Claimed by mother - Mere fact that maid servant is taking care of child in mother's house, it cannot be a ground to deny custody of child to mother...........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Claimed by mother - Child is with her mother for last about 8 months - Nothing on record to indicate that child's custody with mother is not in his interest - Moreover, temporary custody of child is given to mother - Custody of child rightly granted to mother...........
Succession Act, 1925, Section 276 -- Probate - Will - Inquiry as contemplated under law to be conducted by Probate Court, primarily involves the satisfaction of Court regarding compliance of S.63(c) of Succession Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15(A) -- Right of victim - Notice u/s 15-A of SC/ST Act is mandatory in nature - However, presence of victim during course of proceedings is not mandatory...........
Criminal Procedure Code, 1973, Section 439(2), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15(A) -- Cancellation of bail - Non-compliance of provision of S.15-A of SC/ST Act - Victim was informed about filing of bail applications of both the accused respectively and thereafter bail applications of accused persons were decided - There..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A -- Bail - Directions issued that all I.Os/Station House Officers of all Police Stations in all Bail applications (criminal Appeals) which are submitted under SC/ST Act or offences, which have occurred before enforcement of BNSS, whenever Court..........
Prevention of Money Laundering Act, 2002, Section 45, 3 -- Bail - Offence u/s 3 of the Act - Appellant has undergone incarceration for a period of 1 year and 2 months - There are 225 witnesses cited, out of which only 1 has been examined - Trial is not likely to be concluded within few years - Bail granted...........
