Stamp Act, 1899, Article 41A -- Deficient stamp duty - Agreement for sale of land was executed between parties - Date for handing over of possession had been fixed as condition precedent i.e receipt of full payment of cost of plot - Document in question thus, falls within purview and ambit of Art.47-A Explanation I of Schedule IA of the Act and duty is chargeable as per..........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Objection was raised in written statement that suit was false and vexatious - Suit withdrawn by plaintiff and same was not decided on merits - Trial Court failed to pass any order about payment of costs - Trial Court directed to pass order in accordance with law as to whether defendant is entitled to costs - If..........
Service -- Payment of stipends - Nature of duties discharged by Post Graduate Students in Ayurveda stream is not the same as that of Post Graduate students undertaking education in Allopathy stream - Impugned order of treating students pursuing Post Graduate in Ayurveda stream at par with students pursuing Post Graduate course in Allopathy stream, set aside...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Default in payment - Defence of erring husband can be struck off as a last resort - Family Court has failed to provide husband an opportunity to pay entire arrears of interim maintenance before resorting to extreme step of striking off his defence - One last opportunity is thus, granted to husband to pay..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence subject to deposit of minimum of 20% of compensation/fine amount - Accused was suffering from financial hardship and is unable to pay minimum of 20% of fine or compensation - He is willing to actively co-operate for speedy disposal of appeal - Insistence of payment of 20% of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Commission agent - Pre existing `Arhant' relationship between parties - If payment has been made by complainant to accused, it cannot be assumed to be a loan unless otherwise proved - Account books cannot be equated with a promissory note - No explanation as to why loans were given without..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - If payment is made by cheque and cheque is dishonoured, then sale deed cannot be considered invalid only on this ground...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question lost during transit - Original cheque was produced by complainant and the same was lost in transit during trial - Cheque was dishonoured for the reason `Payment stopped by drawer' and not that signature on cheque differed or that signatures were forged - Cheque now reconstructed -..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Recitals of document were very specific that sale was on condition that if the executant fails to repay the amount within 2 years, sale shall become void on such payment being made - Since seller failed to repay the agreed amount within the period..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Even if details in cheque are filled by another person is not relevant to the defence whether cheque was issued towards payment of a debt or in discharge of a liability...........
