Transfer of Property Act, 1882, Section 54 -- Sale deed - Non payment of part of sale price - Validity of sale deed - Payment of entire consideration was a condition precedent for transfer of proprietary rights in the suit property - This fact is clearly discernible from the recitals in Clause No.10 & 13 of sale deed - Execution of sale deed and its registration has not..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Accused being Medical Officer demanded bribe regarding payment of arrears of salary cheque to complainant - However, no cheque is to be signed by accused, question of demand or accepting bribe amount does not arise - Nothing to show that any delay is caused by accused to issue cheque..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced Muslim wife - Law as to: (i) husband cannot be fastened with liability to continue to pay maintenance u/s 125 Cr.P.C till wife invokes S.3 of 1986 Act if he is prepared to discharge his liability under said provision; (ii) husband is..........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Mere fact that accused is resident of Delhi and he was apprehended in Mussoorie does not empower Courts to raise presumption of mental state - Accused did not have reason to believe that currency notes were forged or counterfeit because he was given those currency notes by one person as a payment - It..........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment - Award of Lok Adalat - Compromise arrived at between parties during pendency of execution petition when matter was referred to Lok Adalat - Parties are bound by compromise in the matter of execution - Decree can be executed insofar as they are concerned only as per terms of compromise - Since, JD failed..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff contended that cheque was given by him to defendant for part payment - However, it was deliberately not stated that on which date it was given to defendant - Even copy of said cheque has not been placed on record - Alleged cheque was tendered by plaintiff which was in possession of defendant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Three Cheques dishonoured - Sale of site transaction - Once accused made part payment towards his discharge of liability and accused cannot deny remaining payment - Accused has failed to rebut presumption available in favour of complainant - Accused convicted - Acquittal set aside...........
Consumer Protection Act, 1986, Section 12 -- Agreement to sell - Specific performance - Ready and willing - Nothing substantial was to be performed on the part of vendees - Rather essential part of performance was only the burden of vendor which he failed to discharge - Vendor received major part of sale consideration - Payments made to vendor included substantial amount..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Reduction of sentence - Accused has undergone total sentence of nine months including remission - He has faced agony of trial for more than 18 years - Accused is first time offender and he is only bread earner of family - Sentence of accused thus, reduced to period already undergone by him subject..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and issuance of process - Security cheque - Question whether issuance of cheque as a security cheque and whether at the time when cheque was presented for payment, it was not for discharge of any debt or any other liability cannot be determined either by trial Magistrate at the..........
