Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Auction sale - Executing Court normally follow procedure U.O.21.R.64 CPC while selling property - Further, Executing Court shall sell entire property or only a portion of it, as deemed necessary to satisfy decree - If petitioner is able to show that property worth is more than decretal amount than value of amount..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482, 178 -- Cruelty - Quashing of summoning order - Lack of territorial jurisdiction - Prima facie evident that mental cruelty was still persisting in wife's mind while she was staying at her parental home as demand for valuables was still being persistently being made by petitioners - On taking..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Fraud if any whether perpetrated at the first instance of valuation, or later is a matter which could be unearthed only after a trial based on evidence led by parties - But, as of now in no circumstances, it can be said that no prima facie case..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Income of father is many times higher than income of mother - Responsibility of a parent to maintain his minor child is unqualified and without any exception - Child is thus, entitled to seek maintenance from his father according to his need, his educational qualification and personal needs commensurate to..........
Indian Penal Code, 1860, Section 387 -- Offence u/s 387 IPC - Complainant has been put in fear of death by pointing a gun towards him and it was done to pressurize him to deliver Rs.5 lakhs - Allegations of putting a person in fear of death or grievous hurt would itself make him liable to be prosecuted u/s 387 IPC - Order of quashing of proceedings set aside...........
Consumer Protection Act, 1986, Section 23 -- Housing scheme - Allotment of plot - Delay in delivery of possession - If there is deficiency or delay in service, consumer is entitled to be compensated for the same - Mere fact that consumer in order to secure a property in scheme took loan with interest, no liability can be saddled on authority responsible for housing scheme..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Divorce decree - Where parties have moved on with their respective lives, it would be unjust and unfair to compel accused to go through tribulations of trial - Order of discharge by trial Court upheld...........
Industrial Dispute (Maharashtra) Rules, 1957, Rule 82B(1), Industrial Disputes Act, 1947, Section 25O(1) -- Section 25-O provides that the appropriate Government may, after making an enquiry and hearing all the concerned parties, pass an order in writing accepting or rejecting the application for closure - It also provides that if the appropriate Government does not..........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Bank's slip is a prima facie evidence to presume dishonour of cheque as per S.146 of the Act - However, in order to apply S.146 of the Act, bank's slip should have to mention the number and date of cheque and also cheque amount with respect to cheque dishonoured to enter into a finding that cheque..........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Intimation memo and dishonour memo do not contain number of cheque - Therefore, trial Court ought to have granted an opportunity to complainant to examine Bank Manger with relevant document to prove this aspect - Order of acquittal set aside - Matter remitted for fresh disposal after providing an..........
