Agreement to sell -- Specific performance - Legal notices issued discloses plaintiff's readiness and willingness - Defendants did not dispute plaintiff's readiness and willingness except making allegations in respect of earlier agreement, which has not even seen the light of day - Defendants failed to substantiate their plea of forgery and fabrication - Relief of specific..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that interest claimed by complainant was excessive and in violation of Kerala Money Lenders Act and therefore it was an illegal transaction and for that reason, cheque cannot be treated as a cheque issued in discharge of a legally enforceable debt etc. - Plea rejected, as non banking financial..........
Partition suit -- Plea of prior partition by defendant - Suit property is self acquired property of father of DW1 and he died intestate - It is highly unimaginable in respect of self acquired property of father of DW1, he voluntarily visited office of ADLR and furnished details as to how property is to be partitioned, as contended by DW1 - Moreover, no share was reserved..........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13(1A) -- Condonation of delay - Delay of 154 days in filing appeal - Plea of physical ailments of proprietor duly supported by medical evidence, factum of passing of order impugned coming into light by way of inquiry conducted by a subsequently engaged counsel, coupled with a very significant aspect..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Aggravated penetrative sexual assault by father upon his own daughter - Plea of false implication - Plea that petitioner was falsely implicated due to strained domestic relationships and disapproval of romantic alliances of his daughters is completely hollow - No..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of divorce proceedings on the ground that she is financially dependent on her parents and therefore unable to pursue proceedings in Pune - She has been deliberately delaying the matter for over four years as recorded in 2024 and even remained absent for nearly seven months..........
Indian Penal Code, 1860, Section 452, 302 -- Murder - Plea of juvenile - Neither the Headmaster/Principal of the first attended school nor its records would qualify as `public servant' or `public record' or `public document' respectively - The certificate issued by School could not have been taken as conclusive proof of date of birth of Respondent No.2, discarding Form (A)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Negotiable Instruments Act, 1881, Section 138, 142, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Dishonour of cheque - Transfer of complaint - Lack of territorial jurisdiction - Petitioner/payee of cheque wrongly instituted Complaint Case at Cuttack, who is incompetent to take cognizance, having no territorial jurisdiction to try offence u/s 138 of the N.I. Act..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Court not to grant regular bail or anticipatory bail on the basis of any accused or his/her family members giving an undertaking to deposit a particular amount - Plea to be decided strictly on merits in accordance with law - High Courts or trial Courts directed not to pass a conditional..........
