Commercial Courts Act, 2015, Section 2(1)(c) -- Commercial dispute - Recovery suit for misappropriation of funds or loss of funds from current account maintained by banking institution, based on withdrawal of money by encashing forged cheques, is the subject matter of commercial dispute - Commercial Court thus, has jurisdiction to try the suit...........
Evidence Act, 1872, Section 102 -- Onus to prove - Suit for declaration and recovery of possession - When plaintiff has come with suit for declaration and recovery of possession, onus is on plaintiff to establish title in respect of which he claims right...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and recovery of possession - When there is a specific admission on part of plaintiff herself to the effect that suit property belongs to defendant, then entire relief sought for by her seeking declaration and recovery of possession in respect of suit property have to necessarily fail - More so, plaintiff also..........
Recovery suit -- Defendant was set ex parte - Only defence raised by defendant in written statement was that document admitting outstanding amount was not executed by an authorised person - However, apart from said document plaintiff has placed on record relevant invoices - Ledger statement relating to defendant shows a closing balance of Rs.2,21,40,895 - Memorandum of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - S.37 of the Act is not a complete bar to grant of bail in a case where recovery of contraband drug falls within parameters of commercial quantity - It only provides that bail in such cases cannot be granted unless Public Prosecutor has been given an opportunity to..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Proceedings u/s 6 of the Act is summary proceedings - Question of title or better rights of possession does not arise for adjudication in such proceedings where only issue required to be decided is as to whether plaintiff was in possession at any time six months prior to date of filing of suit...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Trial Court while taking into account evidence on record decreed suit but could not come to a specific finding to the effect that plaintiff was in possession of suit land on the date on which it was alleged that defendants entered into suit land - Taking into account that proceedings are summary in..........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute has admittedly culminated in a comprehensive One Time Settlement under which Bank has received the entire outstanding amount - Recovery proceedings before tribunal have..........
Indian Penal Code, 1860, Section 420, 468, 5471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute arising out of commercial transaction which has been amicably resolved through One Time settlement under which Bank has received entire outstanding amount - Recovery..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder of husband by wife - Death by poisoning - Extra judicial confession - Prime evidence against accused that she made an extra judicial confession before PW7 - Production of accused by PW7 before DSP stands proved - Accused made a disclosure statement before DSP regarding incident and recovery..........
