Criminal Procedure Code, 1973, Section 116(1), 116(3) -- Bail bond - Bond which can be executed should be and must be for the period till completion of enquiry u/s 116(1) Cr.P.C - Forfeiture of bail bond on the allegation of violation after expiry of 6 months period would not stand in the eye of law and it is set aside...........
Criminal Procedure Code, 1973, Section 116(1), 116(3) -- Bail bond - Bond which can be executed should be and must be for the period till completion of enquiry u/s 116(1) Cr.P.C - Forfeiture of bail bond on the allegation of violation after expiry of 6 months period would not stand in the eye of law and it is set aside...........
Agreement to sell -- Forfeiture of earnest money - For forfeiting the amount of earnest money in terms of agreement to sell, the intended vendor is not required to prove actual loss...........
Rent and Eviction -- Non payment of rent - Forfeiture/determination of tenancy - Tenant for undemonstrated reasons been delaying the payment of rent and/or other dues, payable to the landlord - Assessment of rentals, made by valuer of Rs.41/- per Sq. ft. as submitted by landlord - Keeping in view the location of premises, rent as agreed, alleged non payment of rent,..........
Rent and Eviction -- Non payment of rent - Forfeiture/determination of tenancy - Tenant for undemonstrated reasons been delaying the payment of rent and/or other dues, payable to the landlord - Assessment of rentals, made by valuer of Rs.41/- per Sq. ft. as submitted by landlord - Keeping in view the location of premises, rent as agreed, alleged non payment of rent,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to incorporate the plea that tenancy is protected u/s 114 of Transfer of Property Act - Said provision is attracted only where a lease of immovable property is determined by forfeiture and not otherwise - Admittedly, this is not the case in hand - Proposed..........
Agreement to sell -- Breach of agreement - Forfeiture of earnest money - If payment is made only towards part payment of consideration and not intended as earnest money then forfeiture clause will not apply...........
Agreement to sell -- Breach of agreement - Forfeiture of earnest money - Amount of Rs.4 lakhs paid by plaintiff to defendant was towards advance sale consideration but not towards earnest money - In such circumstances, defendant is not entitled for forfeiture of advance sale consideration paid by plaintiff...........
Agreement to sell -- Forfeiture of earnest money - Earnest money is a payment towards security for performance of contract on the part of proposed buyer - Once buyer fails to prove that he was ready and willing to perform his part of contract, amount of earnest money is liable to be forfeited...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Accused already surrendered before Court concerned - Penalty amount imposed upon surety reduced to Rs.4000/- in place of Rs.15000/-...........
