Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Complainant contended that petitioner by participating in the proceedings before trial Court and even negotiating settlement with complainant has acquiesced to jurisdiction and he cannot be permitted to challenge the jurisdiction of trial Court at this stage - Contention..........
Settlement deed -- Essentials to complete gift as mandated u/s 122 of Transfer of Property Act would apply in cases of settlement deed also even though there is a slight difference between gift deed and settlement deed even if these terms are used interchangeably. (Transfer of Property Act, 1882, S.122)..........
Settlement deed -- Acceptance - Production of original gift deed in possession of plaintiff before Court is the vital evidence to prove acceptance...........
Banking service -- Removal from service with terminal benefits - An employee who is found guilty of gross misconduct may be removed from service but would be provided with superannuation benefits which would otherwise be due to him, as per Clause 6 of Bipartite Settlement - Further, penalty of removal from service would be without disqualification from future employment -..........
Indian Penal Code, 1860, Section 376, 363, 366(A), 370, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4, 5(j)(ii), 5(l), 6, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 376, 363, 366(A), 370, 376(2)(n) IPC and 3(a), 4, 5(j)(ii), 5(l), 6 POCSO - Quashing of complainant - Settlement between the parties - Marriage between..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Merely because offences under POCSO Act is alleged, there cannot be an absolute proposition of law that proceedings cannot be quashed based on settlement between parties, especially when settlement is genuine and bonafide so as to ultimately result in marriage between accused and the victim...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Serious offences - Offences having a sexual overtone, like rape and a penetrative sexual assault etc., under POCSO Act cannot be terminated by quashing the same, acting only upon settlement between parties - It is indeed the offence against society and not a private issue between petitioner and defacto..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Tri-party settlement between borrower/flat owners, builder and Bank/lender - Full compliance of terms and conditions undertaken by three parties has been done satisfactorily - Bank had extended discounts, builder had discharged its obligations of payment of its share of pre-EMI and borrowers had discharged..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties are living separately since 2014 - Meditation proceedings for an amicable settlement of dispute between parties remained unsuccessful - No efforts made by wife to join the company of husband and had not filed any petition for restitution of conjugal rights - In the absence of any resumption of matrimonial..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 3 -- Divorce by mutual consent - Compromise - Both the parties have amicably resolved and settled all pending cases and consideration has also been exchanged between them as per settlement agreement executed before Meditation and conciliation center - Settlement is bona fide and voluntary and..........
