Insolvency and Bankruptcy Code, 2016, Section 62 -- Apartment buyers agreement - Delay of handing over possession - Appellants are bona fide home buyers having booked an apartment with Corporate Debtor as far back as 2010 and having executed a Buyer's Agreement in 2011 and paid nearly entire consideration - Claim of appellants duly verified and admitted by Resolution..........
Hindu Marriage Act, 1955, Section 7(1) -- Marriage - Validity - Husband himself admitted that he was residing with wife as husband and wife and only ceased cohabitation upon learning that Saptapadi had not been performed - Burden of proof is on husband to establish that no Saptapadi was performed - An adverse inference cannot be drawn against wife for not producing..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife lived with husband for around ten days after marriage - She deserted him and was residing separately since 2016 i.e. for last almost ten years - Wife has admitted in her cross-examination that much time had passed since their marriage and they were not in touch with each other and..........
Service -- Removal from service - Due process was followed during course of inquiry - Inquiry Officer appreciated evidence led by five loanees who categorically deposed that they had paid money to respondents for coordinating sanction of their loans despite their documents being deficit - Even, respondent admitted his guilt and had sought mercy - Leniency was shown by..........
Agreement to sell -- Specific performance - Attesting witnesses have proved that agreement to sell was signed by defendant in their presence on receipt of earnest money of Rs.3,10,000 - Legal notice was served at the behest of plaintiff and received by defendant - Same remained un-responded - Defendant though claimed that plaintiff procured his signed blank stamped papers..........
Indian Penal Code, 1860, Section 307, 506, Arms Act, 1959, Section 25, 27, 54, 59, Criminal Procedure Code, 1973, Section 439 -- Offence u/Ss. 307, 506 IPC and 25, 27, 54, 59 Arms Act - Bail - Accused in his bail application admitted the fact that he shot the victim out of anger after she refused to go with him to the matrimonial home - Further as per the record, accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery of 30 grams of heroin - Bail - The name of the accused surfaced during further investigation, particularly through the disclosure statement made by the co-accused, from whom 300 grams of heroin were recovered - Further CDRs on record..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 354, 354D, 509, 201, 204, Information Technology Act, 2000, Section 67 -- Preservation of call details record and electronic data - Data sought to show relationship between accused and complainant prior to registration of FIR - Even complainant admitted acquaintance with accused since April 2020 -..........
Agreement to sell -- Specific performance - Order to deposit balance sale consideration - Issue of readiness and willingness is yet to be gone into and merely because agreement to sell has been admitted by parties would not be a ground to permit defendant to deposit the amount in Court - However, since the amount already stands deposited by defendant, therefore, amount so..........
Indian Penal Code, 1860, Section 302 -- Murder - Body of deceased was found by police in courtyard of his own house while incident is said to have occurred near temple - Unexplained injuries on body of father and mother of deceased, admitted dispute on partition in family of deceased and lack of clarity on the exact time of death creates a reasonable doubt - Eye-witness..........
