Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Ex parte decree set aside on payment of Rs.11 lacs which was towards advance and interest - Imposition of condition to pay entire decretal amount is meaningless to set aside ex parte decree - Reduced to 50% - Ex parte decree set aside on payment of Rs.5.50 lacs..........
, Section 13(1)(e), 13(2) - - Disproportionate assets - Value of the disproportionate assets - While making mathematical calculation the amount was wrongly calculated - Appellant satisfactorily accounted alleged disproportionate assets - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Parties amicably settled their dispute - Cheque amount paid - Complainant has no objection if complaint in question is quashed - Complaint and all consequential proceedings quashed...........
Negotiable Instruments Act, 1881, Section 20 -- Incomplete negotiable instrument - Holder of a cheque has a right to complete an incomplete negotiable instrument - However, no person other than the holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid therein...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of multiple cheques - Single complaint - Maintainability - Held, in case of dishonour of multiple cheques presented together for which a consolidated single notice has been issued, tantamounts to commission of a single offence u/s.138 of the Act after prescribed period of receipt of notice on no, payment of amount..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - Sustained reprehensible conduct, studied neglect, indifferent or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure which amount to mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband made admission contrary to the pleadings in his cross examination - Trial Court gave undue weight to the fact that wife could not establish the acts of cruelty alleged by her - In a petition for divorce it is petitioner who has to establish the acts of cruelty - Allegations not..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 6 -- Eviction - Case set up by petitioners was that they were not in unauthorized possession but had purchased property in dispute in auction - However, their auction was not confirmed - Contention that though amount deposited by them towards auction money has been returned but interest..........
Employees' Provident Funds and Miscellaneous Provisions Act, 1952, Section 7Q - - Levy of interest - Held, levy of interest u/s 7-Q is a part of sum recoverable u/s 11(2) of the Act and it is an insegregable part of total amount due from employer...........
Bank -- Payment of loan amount - Rule of appropriation - General rule of appropriation towards the loan amount is that first the paid amount shall be adjusted in payment of interest and costs, thereafter towards the payment of principal amount...........
