Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in dumping waste into public property - Stringent conditions in the form of at least furnishing of a bank guarantee should be imposed while directing release of vehicle dumping waste into public property...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in forthwith reporting seizure to Magistrate may only be an irregularity but total failure to report seizure will definitely have a negative impact on the validity of seizure...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in reporting the seizure to Magistrate - Directions issued: (i) Police officer concerned shall inform bank whether seizure of bank account has been reported to jurisdictional Magistrate and if not, time limit within which seizure will be reported - If no intimation as to compliance or proposal..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copies - Plaintiff/Bank submitted relevant documents for facilitating investigation in criminal case and obtained acknowledgment of PW5 - Since those documents were not returned by I.O, it could not be able to mark them as exhibits in the trial - Though, PW5 stated in said criminal case that he did not..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Condition of furnishing of bank guarantee while granting bail is illegal...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Property in question is mortgaged to bank - Amount of loan remains overdue and action by bank for recovery of same is imminent - It was just and appropriate to order respondents to provide alternative accommodation to petitioner and to vacate the residence order -..........
Agreement to sell -- Specific performance - Plaintiff failed to prove the source from where he generated huge cash amount of Rs.12 lakhs allegedly paid to defendants as earnest money - Though witness of plaintiff deposed that he had withdrawn the amount from bank, however, no record pertaining to said withdrawal was produced - Suit rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Accused admittedly availed the credit facility to the tune of Rs.77 lakhs from complainant bank and in order to repay the sum he issued two cheques which got dishonoured - He admitted his signatures on the cheques in question - However, accused had not even sent any reply notice though she was in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was invalid on the date of presentation before bank and same was dishonoured - No liability u/s 138 of the Act would be attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Merger of banks - Cheque issued of Allahabad bank - Allahabad bank merged with Indian Bank - Cheque issued from Allahabad Bank and presented before Indian Bank till 30.09.2021 was valid - However, in the instant case cheque of Allahabad Bank was presented in Indian Bank on 21.08.2023 - Cheque was..........
