Agreement to sell -- Specific performance - Defendants admit the execution of agreement - However, it is specific case of defendants that it was given as a security towards loan transaction - No evidence led by defendant in support of said fact - Entire case of defendants that suit agreement was in respect of loan transaction fails as it is for defendants to let in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioners are admittedly partners in a partnership Firm - Claim of petitioners are that loan is time barred - Whether loan was already time barred or whether loan was subsequently acknowledged can be decided only after trial and whether the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Change of loan amount - Reason stated to be typographical mistake - Amount mentioned in demand notice, complaint, affidavit of evidence, same - Loan amount cannot undergo a change because the same forms very basis of compliant - This would change the very nature and character of..........
Agreement to sell -- Specific performance - Plaintiff proved that he paid Rs.1,50,000 towards part sale consideration and executed the agreement and also paid a further sum of Rs.65,000 - However, defendants did not demarcate the suit property in terms of agreement of sale - Case of plaintiff was corroborated by PW2, who was present at the time of execution of agreement -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Dispute regarding re-payment of loan - Prima facie there is no material to show that accused has instigated deceased to commit suicide - Order framing charge quashed...........
Transfer of Property Act, 1882, Section 83 -- Housing loan availed by mortgaging property - Property transferred during subsistence of mortgage - Entire loan amount paid and loan account closed - Bank is not entitled to withhold the security documents on the ground that borrower had transferred the property during the subsistence of the mortgage - Bank directed to release..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughters - Husband who is able to pay hefty amount towards home loan and car loan, cannot be permitted to deflect from his responsibility towards his legally wedded wife as well as children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughters - Husband is serving in Army as Lieutenant Colonel having salary of Rs.1.98 lakh p.m - He is making payment towards home loan and car loan and also purchased property for purpose of development - Husband cannot be permitted to deflect from his responsibility towards his wife and children..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Execution of promissory note in favour of plaintiff proved by PWs - Plaintiff had financial capacity to give loan - PWs deposed that payment was made in their presence - No contradiction in the evidence of PWs during cross-examination - Signatures of defendants on promissory note was not..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Financial Capacity - Once accused admits of receiving loan from complainant, such admission clearly goes to show that complainant was having capacity to lend money to accused - Subsequently questioning capacity of complainant to pay such amount would never arise as a defence...........
