Indian Penal Code, 1860, Section 409, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused being a director of company allegedly committed forgery, breach of trust and criminal misappropriation of company funds by engaging consultants for creating separate and independent company on website - However, in the absence of any act in..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Building and rebuilding - Tenant contended that since landlord has not sufficient funds for reconstruction thus he cannot be evicted - Contention rejected, as petition cannot be allowed only on that point, since tenant did not cross-examine landlord when he appeared in witness box on the point that..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Concept of "not possessed of sufficient means" is essentially a negative factor to be established by claimant and hence can only be proved by him by adducing positive evidence of his assets, needs and expenditure and to convince the Court that with the available resources, he is unable to set apart..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Unsafe and unfit for human habitation - Rebuilding - Building in question 100 years old - Re-building is not possible without evicting the tenant - Landlord has proved that he has sufficient funds for reconstruction of building since he wanted to put the building for better use after reconstruction -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - If conduct of wife is abominable, she is not entitled to claim any amount from husband - Moreover, wife having sufficient income as a medical practitioner working as freelance consultant and she also suppressed material facts with regard to her investments in shares and mutual funds - Impugned order of Family..........
Agreement to sell -- Specific performance - Plaintiff ready and willing to perform his part of the contract - Plaintiff had arranged for sufficient funds to pay the seller - Decree of specific performance granted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Established on record that complainant/respondent had received bearer cheque for consideration in discharge of legal liability and was holder in due course of same - Dishonour of cheque was for reason that account of petitioner/accused did not carry sufficient funds - Burden..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Proceeding initiated u/s 138 of N.I. Act sought to be quashed on ground that there was proceeding `stop payment" instruction - Held, proceedings cannot be quashed on ground of "stop payment" instruction - Rather in view of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Payment stopped by attachment order/court order' - Complaint cannot be quashed on this ground - Principle of `stop payment' applies when payment is stopped by attachment order/court order - Accused has to show that there were sufficient funds in the account to encash the cheque despite the attachment..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Decree for accounts - Grant of - Held, in partition suit a coparcener is entitled to pray for accounts from persons having control and management of affairs of joint family property - It would depend upon the proof that manager or karta mishandled the funds that resulted in misappropriation - In absence of..........
