Evidence Act, 1872, Section 132, Constitution of India, 1950, Section 20(3) -- State case and private complaint on basis of same incident - Witness facing trial in private complaint only - Even if he is compelled to depose as witness in State case that would not amount to compulsion to give evidence against himself...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution - Amendment - Allowed - High Court reversed the order - Appeal against - Decree holder permitted to file a fresh execution showing correct amount due as per decree - New execution application permitted to be filed without prejudice to the right of J.D. to raise all contentions...........
Housing -- Deficiency in service - Compensation - Letter of allotment of apartment issued in January,1991 and the cost of the apartment was indicated at Rs. 2,80,000 - Possession to be given after deposit of 40% of the cost which the petitioner deposited - Possession not given till 1996 and there was no likelihood of giving the same in near future and cost of apartment..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Court sale - Setting aside - Once a decree is passed and sale notification issued, decree cannot be treated as instalment decree merely because J.D. paid some amount on each and every date to which execution was adjourned for sale of property at his instance and D.H. accepted the amount paid - Sale need not be stopped on..........
Contract Act, 1872, Section 128 -- Guarantor - In the first instance principal debtor to be called upon to discharge the liability - If the entire amount is not recoverable by the sale of the properties of the principal debtor then guarantor to be proceed against so far as it relates to the remaining un-realised amount...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque amount Rs.9972/- - Notice for payment of Rs.3871/- Held, the payee or the holder in due course must demand payment of the amount covered by the cheque - If the demand is for a lesser amount or an higher amount not covered by the cheque then the prosecution must fail as the statutory requirement of the provision is not..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque amount Rs.9972/- - Notice for payment of Rs.3871/- - Typographical mistake - Offence under Section 138 'being a technical offence' all the technical formalities as contemplated under Section 138 of the Act must be complied with...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(b) -- Change of user - Building let out for residential purpose - In one of the room an office table and office equipments were kept for disposal of office work at home and the same room was also used as study room of family members - Does not amount to change of user...........
Insurance claim -- Motor Cycle looted - Repudiation of claim - Ground that the complainant did not have a valid driving license - Not having a valid driving licence will not bar the complainant from seeking the insurance amount of the motor cycle when it was a subject of looting...........
Specific Relief Act, 1963, Section 34, 39 -- Bank loan - Suit for declaration that plaintiff is liable to pay simple interest @ 10.5% on loan amount and for mandatory injunction directing the defendants to re-cast the loan account after charging interest @ 10.5% p.m. and return the excess amount charged, if any - Contention that in fact suit for recovery of amount should..........
