Specific Relief Act, 1963, Section 28 -- Rescission of contract - Non-payment of balance sale consideration within prescribed period - Time for deposit of balance amount is already extended - Pursuant to such extension amount already deposited - Suit of plaintiff was decreed and defendants were directed to execute and register the sale deed in favour of plaintiff as per..........
Criminal Procedure Code, 1973, Section 167(2) -- Proviso - Default bail - Mere making of application for bail would amount to availing of right accrued to an accused under the said proviso irrespective of whether Court has actually passed bail order or not, hence, in the instant case there was no question of refusing to release petitioner on bail when an order for bail had..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - Reason for dismissing complaint was beyond the control of complainant - Therefore, to meet ends of justice, complainant is given another chance to put forward his claim - Complaint ordered to be restored to its original..........
Criminal Procedure Code, 1973, Section 256, 300 -- Complaint dismissed in default - Second complaint on the same allegation - Not maintainable - Remedy available is to prefer an appeal...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Conviction - Considering age and health of accused, period of imprisonment reduced from S.I of 1 year to 1 month with compensation of Rs.1,40,000 u/s 357(3) Cr.P.C. in default of which to further undergo S.I for 6 months...........
Electricity Act, 2003, Section 86(1)(f), 95 -- Termination of PPA - Validity of - As per PPA failure or refusal by appellant to perform its financial and other material obligations under a PPA constitutes an event of default - Appellant not dealing with any of the defaults mentioned in default notice issued - Since default in notice is not being remedied within period of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 40 grams smack - Appeal against conviction - Reduction of sentence - Accused convicted and sentenced to undergo R.I. for a period of one year and to pay fine of Rs.10,000/- and in default of payment of fine to further undergo R.I. for period of 3 months - Accused is first offender and only..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Ready and willingness - If there was no defaulting clause stipulated in decree for payment of balance sale consideration then Court has right to extend time even if balance sale consideration was not deposited within stipulated period - Such extension of time can be ordered without..........
Rent and eviction -- Arrears of rent and default in payment of rent - Tenant deposited the amount towards arrears of rent in the Court of Rent Controller before institution of eviction application - Intimation in that behalf given to landlord - Tenant continued to periodically deposit rent amount in Court thereafter - He was thus not a defaulter much less wilful defaulter..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of restoration application - Delay of 405 days - Once there was dismissal in default it was required that restoration application was pursued vigorously and prosecuted with due diligence in right earnest - No plausible reason for delay caused in filing restoration..........
