Arbitration and Conciliation Act, 1996, Section 34, Micro Small and Medium Enterprises Development Act, 2006, Section 19 -- Arbitration award - Setting aside - Parties governed by provisions of MSME Act - Requirement of pre-deposit of 75% of amount in terms of award at the time/before entertaining application for setting aside award is mandatory - However, considering..........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to children - Husband is a retired teacher suffering from chronic kidney disease - Monthly maintenance @ Rs.5000 to each of daughters awarded from the date of filing of application and to make fixed deposit to tune of Rs.5 lakhs each in the names of each of them towards their marriage expenses in the..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for possession - Plaintiffs had filed a suit for possession, however, ad valorem Court fee was not affixed - First appellate Court has directed plaintiffs to deposit Court fee to remedy the error/mistake - Court has only moulded relief in order to advance cause of justice - No interference warranted...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - DH directed to pay balance sale consideration to JD within a period of 2 months - However, it is not envisaged that on failure to deposit balance sale consideration within 2 months, decree in favour of plaintiff would stand frustrated or suit would be deemed to be dismissed..........
Negotiable Instruments Act, 1881, Section 138, 148 -- (as amended) - Dishonour of cheque - Application for interim compensation - After suspension of sentence - Maintainability of application - Amended S.148 of the Act confers power upon the appellate Court to direct deposit the sum which shall not be less than 20% of the fine or compensation either on application filed by..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount - Cheque issued prior to insertion of S.143-A to the Act - Condition to deposit 20% of cheque amount quashed and set aside...........
Agreement to sell -- Ready and willing - Plaintiff is not required to tender the amount to defendant or to deposit the amount in Court - However, plaintiff is required to at least prove that he has the capacity and was prepared to perform his part of the contract...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Matter compounded by parties - Complainant is permitted to withdraw the complaint - However, keeping in view of poor financial condition of accused, it is appropriate case to impose lesser compounding fee - Accused held, directed to deposit compounding fee of Rs.5,000 instead of 15% of cheque..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Defendant directed to furnish bank guarantee by way of security till disposal of case - However, defendant wants to furnish collateral security of equivalent value in lieu of bank guarantee - Since defendant is willing to deposit title of property owned by him worth of which is..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Accused undergone about 7 months of sentence - Accused directed to deposit Rs.3 lakhs for benefit of his wife and children and subject to such deposit sentence reduced to period already undergone by him...........
