Agreement to sell -- Specific performance - Agreement executed only as security for loan taken by defendant - It was never intended to be acted upon and there was no intention to sell property - Even plaintiff was aware of the fact that more than one person was owner of property and he had entered into an agreement only with defendant, who would have only half share -..........
Indian Penal Code, 1860, Section 498A -- Cruelty - In order to attract S.498-A IPC, there must be cruelty, mental as well as physical, so as to cause grave injury or danger to life, limb or health and there must be harassment with view to coerce her to meet any unlawful demand for any property or valuable security or on account of failure by her or any person related to..........
Indian Penal Code, 1860, Section 420 -- Cheating Essential ingredients to attract S.420 IPC are: (i) cheating; (ii) dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or signed or is capable of being converted into a valuable security; and (iii) mens rea of accused at the time of making inducement...........
Agreement to sell -- Specific performance - Agreement to sell whether a security document and not in fact agreement to sell - Agreement to sell in writing - Execution of agreement proved on record - Out of total consideration of Rs.3.70 Lakhs Rs.1 lakh paid as earnest money - Stamp paper for execution of sale deed purchased for the purpose of execution of agreement to sell..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(1), Security Interest (Enforcement) Rules, 2002, Rule 8(6) -- Application u/s 17(1) of the Act by borrower - Maintainability - Application u/s 17(1) of the Act is maintainable only when actual/physical possession is taken by secured creditor or borrower losses..........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Presumption - Plaintiff failed to show that she possessed sufficient solvency at the relevant time to advance the amount to defendant under suit promissory note - Both attestors as well as scribe are inimical towards defendant, therefore, no safe credence could be attached to their testimony for accepting..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - While granting conditional leave to defend, Court can also insist on the amount admitted by defendant to be deposited or furnishing of security by defendant during pendency of trial...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Bank loan - Recovery - Writ petition thereagainst - Maintainability - Remedy against action of Bank u/s 13(4) of the Act is available to challenge by aggrieved u/s 17 of SARFAESI Act - Institution of writ petition directly u/art 226 of Constitution is..........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has to consider cause shown by defendant and pass final orders - If decision is in favour of defendant, an order U.O.38.R.6(2) CPC has to be passed - If conclusion is against defendant, an order of nature U.O.38.R.6(1) CPC should follow - At any rate, there is no legal basis for order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account details - If in a business transaction, accused takes contention that cheque was issued as a security or amount covered by cheque was not due from accused as on date when cheque was issued, account details pertaining to outstanding dues must be produced by complainant to prove that amount..........
