Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Salary of husband is Rs.40,000 per month which is corroborated by his Bank statements - Considering the totality of circumstances and husband's financial situation with no specific details of expenses of wife proved, quantum of maintenance is hereby modified to Rs.10,000 per month to wife and..........
Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35 -- Auction sale - Dispute regarding priority of charge over property - Held, it would be appropriate that High Court first deals with issues raised by Axis Bank that it has first..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD had specifically stated that he had never caused any obstruction or hindrance in execution proceedings - Attachment of property was already effected and perusal of previous orders reveals that earlier sale warrants were also issued but could not be..........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Willful disobedience of order of Supreme Court - Bank failed to comply with mandate of Supreme Court directing payment of retiral dues to petitioner within three months from the date of said order - However, material placed on record do not demonstrate that delay in compliance was borne out of any willful or..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of Cheque - Territorial jurisdiction - Complainant got his bank account transferred from place `B' to place `M' - Cheque presented for collection at place `B' for the purpose of crediting his account at place `M' - At the time of presentation of cheque complainant maintained his account at place `M' as..........
Kerala Stamp Act, 1959, Section 3, 33, 34 -- Stamp duty - Sale certificate issued to auction purchaser by bank/financial institution/authority - Sale certificate is not an instrument at the time of its issuance and thus, will not attract levy of stamp duty under the Act...........
Indian Penal Code, 1860, Section 420, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegation that accused under the pretext of providing Government job to complainant, has collected a sum of Rs.18,58,000 and another sum of Rs.20,000 through bank transfer - Specific allegation made in complaint is that as promised, no appointment orders..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff has produced his bank statement to show that he had sufficient inflow and outflow of cash in his bank account during relevant period - As to how plaintiff utilized cash available in his bank account is not concern of defendants as long as balance sale consideration is paid in time - Relief of..........
Suit for damages -- Bank Negligence - Encashment of cheques containing forged signatures of plaintiffs - Auditor of plaintiff testified that the signatures on the cheques were forged and bank was negligent in encashing the same - Further, investigation report of vigilance officer of bank established that neither signatures on the disputed cheques was similar to the..........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Bank's slip is a prima facie evidence to presume dishonour of cheque as per S.146 of the Act - However, in order to apply S.146 of the Act, bank's slip should have to mention the number and date of cheque and also cheque amount with respect to cheque dishonoured to enter into a finding that cheque..........
