Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation amount - Mere fact that petitioner is suffering from hypertension and chronic kidney diseases cannot be said to be a ground sufficient enough for carving out an exception from mandate contained in S.148 of the Act...........
Agreement to sell -- Prohibition on transfer - Mere execution of agreement to sell does not amount to transfer...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Responsibility of maintenance does not stand divided merely because each parent has custody of one child - While determining quantum of maintenance, Court would necessarily take into account the fact that one of children is residing with husband and that he is bearing expenses of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor child - Gross salary of husband is Rs.48,350 - Wife could have capacity to earn from tailoring, which may not be sufficient to support livelihood of wife and afford her to maintain the same standard of living which she will get if she was residing with husband - She is entitled to maintenance from..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Liability of insurance company - Offending vehicle was wrongly parked and there was no driver obviously, it is owner of vehicle who has to take responsibility for any liability arising out of any untoward incident including accident in question - Insurance Company liable to pay the amount with..........
Criminal Procedure Code, 1973, Section 446 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.491) - Forfeiture of bail bond - When bail bond was forfeited, sureties are bound to pay bond amount as penalty - Sureties cannot escape from liability of paying by subsequent production of accused and they are bound to pay bond amount, though Courts have power to show leniency in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment sought for refund of earnest money - Plaintiff has specifically sought decree for recovery of Rs.20 lakh double the amount of earnest money in the alternative though inadvertently same could not be sought in prayer clause -..........
Nominee -- Provident Fund - Death of employee - In cases of a valid nomination, amount in provident fund account of deceased depositor or subscriber is required to be released to nominee - However, nominee is a mere trustee to collect funds and not beneficial owner - Therefore, mere fact that amount is released to a valid nominee will not bar the objector or holder of..........
Provident Fund Act, 1925, Section 4(1)(b), 4(1)(c)(i), 5, General Provident Fund (Central Service) Rules, 1960, Rule 33(ii) -- General Provident Fund (GPF) - Release of funds to nominee - Nominee has primacy to receive the amounts standing in the name of a depositor upon his death - However, if amount in provident fund account exceeds more than Rs.5,000, nominee is..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove his readiness and willingness - He not able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - In addition to that, he did not even visit office of Sub-Registrar on said date - Even, defendants too did not fulfil their..........
