Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of damages for defamation - Simply averring in the plaint that defamatory and derogatory statements have been made would not amount to disclosure of cause of action, particularly when plaint does not disclose any dates on which cause of..........
Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4), Security Interest (Enforcement) Rules, 2002, Rule 9(5) -- Auction - Fails to pay amount of bid - Forfeiture of amount - Recovery of the amount - The appellant has come with the bona fide defence that he was never informed on the date when the auction was held or day thereafter that the..........
Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4), Security Interest (Enforcement) Rules, 2002, Rule 9(5) -- Auction - Fails to pay amount of bid - Forfeiture of amount - Recovery of the amount - The appellant has come with the bona fide defence that he was never informed on the date when the auction was held or day thereafter that the..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized amount - Recovery of contraband and bag containing 6 lakhs - Question as to whether money recovered is drug money or not has to be established and determined upon conclusion of trial - Lying amount with prosecution agency is going to devalue the same - Amount directed to be released in favour of petitioner..........
Indian Penal Code, 1860, Section 107, 306 -- Abetment of suicide - Mere allegation of general harassment against creditors for recovery of their money without any specifics or details of such harassment, would not amount to abetment of suicide - Proceedings quashed...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant died prior to his examination - There is no direct evidence to prove allegations of demand prior to date of trap and on the date of trap - Solitary circumstance on which prosecution sought to prove the guilt is recovery of amount which is doubtful - Benefit of presumption..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Reduction of sentence - Accused was 40 years old at the time of conviction and now he is 58 years old and looking after his three grown up children - He is not a previous convict - Accused is out of jail for last about 18 years and as per custody certificate he was not involved in..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Order of recovery of Rs.1 lakh from surety - Appellant is poor farmer of remote village - Nothing on record to show that appellant has not made sincere endevaours to trace and produce accused before Court - It would be onerous for appellant to deposit entire amount of Rs.1 lakh which if not paid his..........
Family Courts Act, 1984, Section 7 -- Recovery of dowry amount and gold ornaments - It is a right of woman to file a suit to recover amount and gold from person who held dowry in trust - If that person has not transferred trust property in favour of woman, claim for recovery of dowry amount and gold ornaments is permissible in law...........
Negotiable Instruments Act, 1881, Section 138, 148, 143A -- Dishonour of cheque - Suspension of sentence - Order to deposit 20% of compensation amount - Procedure for recovery of fine or compensation from accused in pending appeal already existed in Cr.P.C even before adding S.148 of the Act - Therefore, no new aspect of coercive recovery of fine or compensation from..........
