Family Courts Act, 1984, Section 7 -- Return of gold ornaments and household articles - Wife succeeded in establishing that gold ornaments weighing 59-1/2 sovereigns are in custody of respondent and respondent has not returned it - Respondent directed to return gold ornaments weighing 59-1/2 sovereigns or its market value as on the date of return to petitioner - There is..........
Indian Penal Code, 1860, Section 376 -- Rape - Appellant was aged about 19 years on the date of incident - He is in jail for the last twenty five years - Appellant had no previous criminal history - Thus, having considered the facts in their entirety and after taking into account manner of commission of offence, age of appellant and fact that there was no prior criminal..........
Criminal Procedure Code, 1973, Section 319, 482 -- Summoning of additional accused - Acquittal of main accused - Quashing of proceedings - If main accused are acquitted, no criminal proceedings can be sustained against other co-accused on same set of witnesses as there is no separate witness and on basis of testimony of same witnesses, accused were acquitted by trial Court..........
Negotiable Instruments Act, 1881, Section 138, 142(a) -- Dishonour of cheque - Notice - Date of intimation given by bank has to be excluded while calculating period of limitation for giving notice...........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 9 -- Offence u/s 9 of the Act - Appellant has already been granted remission for the main offence u/s 302 IPC - However, following the date of remission, appellant has undergone an additional incarceration of approximately 10 months - It is not case of State that appellant was habitually not reporting to..........
Agreement to sell -- Specific performance - Ready and willing - Once defendant asserted that plaintiff was neither ready nor willing to perform his part, plaintiff was atleast required to prove on record that he had capacity to pay balance sale consideration of more than 23 lakhs on agreed date for execution of sale deed - Plaintiff failed to bring on record any cogent..........
Agreement to sell -- Specific performance - Only 25% of total sale consideration was paid as earnest money on date of agreement to sell which cannot be held to be major part of consideration - Admittedly, possession was never delivered to plaintiff in part performance - Lower Appellate Court erred in granting discretionary relief to plaintiff decreeing suit for possession..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Parties are living separately for about 23 years - Wife is unemployed having no independent income and is solely dependent upon alimony - She is residing in her parental house and her female child has completed B.Tech on student loan of Rs.4,00,000 - Male child has also completed B.Tech and M.Tech and educational..........
Agreement to sell -- Specific performance - Ready and willing - Continuous readiness and willingness on the part of buyer from the date of execution of agreement to sell till the date of decree, is a condition precedent for grant of relief of specific performance...........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 7A -- Bail - Offence u/ss 7, 7-A of P.C Act - Petitioner has been in custody since 24.12.2024 - Challan already presented - Prosecution has cited 30 witnesses, none of whom have been examined yet - Trial is likely to take considerable time to conclude - No recovery of any alleged..........
