Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Accused is a habitual offender and is involved in six more cases - He has also been convicted in two cases under NDPS Act - Mere fact that quantity involved is a non-commercial quantity would not necessarily mean that accused has right to..........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Court is not obligated to invoke power U.O.16.R.14 CPC at the instance of parties and parties have no right to move an application under said rule - However, either of parties can bring to notice of Court the necessity for examining any person as Court witness - If Court is satisfied about such a necessity to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted the she had received a notice and claimed that she came to know about the dishonour after receipt of notice - Therefore, receipt of notice is not disputed - Accused failed to repay the amount despite receipt of valid notice of demand - It was thus, proved that accused had issued the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of writing on cheque - Accused admitted his signatures but contended that he has not filled up the cheque - Accused did not reply to the statutory notice - Accused attempted to protract the proceedings - Order directing to send the disputed cheque for examination to FSL set aside...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant No.1 had issued legal notice requesting for payment of balance sale consideration but plaintiff kept silent - There is not even a notice by plaintiffs before filing suit of showing their readiness and willingness by tendering the amount of balance sale consideration and sending a draft sale..........
Agreement to sell -- Specific performance - Date fixed for execution of sale deed was one year from the date of measurement of suit schedule property - However, no such measurement was carried out and plaintiff has not raised any objection in this regard till he got issued legal notice i.e almost for a period of 3 years - Suit came to be filed only at the fag end of..........
Agreement to sell -- Specific performance - Bonafide purchasers - Agreement in question in favour of plaintiff was compulsorily registrable document in the State of U.P. - Subsequent purchasers shall be deemed to have knowledge of suit agreement which was duly registered in view of S.3 Explanation I of T.P.Act - It is not the case of subsequent purchasers that they took a..........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchasers - Suit for specific performance - Without seeking cancellation of subsequent sale deeds - Where subsequent purchasers failed to prove that they entered into sale deed in good faith and without notice of suit agreement, in view of S.19(b) of the Act, a decree for specific performance can be passed against such..........
Agreement to sell -- Specific performance - Plaintiff has proved the service of notice of demand to the defendant - Suit is filed within limitation and subsequent purchasers did not raise a plea of delay and laches - There are concurrent findings of three Courts on the issue of readiness and willingness shown by first plaintiff - No interference warranted in said findings..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice - Legal notice was sent on 19.12.2018, therefore, for want of any specific averment and proof of service, if the presumption of service of notice in reasonable time is raised, it should be deemed to have been served at best within a period of 30 days, from the date of its post i.e...........
