Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused denied issuance of cheque in question and denied receipt of any money from complainant and also denied any transaction with him - Presumption u/s 139 of the Act would not continue to exist against accused - Burden would shift upon complainant to establish that transaction in..........
Specific Relief Act, 1963, Section 16, 19, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance - Defendant was allotted and put in possession of suit land by BDA - Defendant entered into agreement with the plaintiff promising to execute a sale deed in his favour within three months of getting the sale deed from the BDA - Non-execution of agreement..........
Agreement to sell -- Specific performance - Defendant admitted execution of agreement for sale and receiving an advance amount - She tried to avoid the contract on the premise that she did not have right or title to suit property - However, defendant cannot deny her title when she had entered into contract - More so, defendant also sold some portion of land out of same..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant has not filed any relevant documents to establish that at the time of transaction he was having financial capacity to advance loan to accused - Even, no separate agreement is executed regarding loan..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Death sentence - Some of accused were sentenced to death by trial Court for committing the gruesome murders of three youngsters in a barbaric manner - However,..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Death sentence - Some of accused were sentenced to death by trial Court for committing the gruesome murders of three youngsters in a barbaric manner - However,..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for declaration and injunction - Defendant during pendency of suit entered into agreement to sell with petitioner and received an advance amount of Rs.5 lakhs - Right of petitioner is subservient to rights of defendant in the suit and subject to any adjudication and decision to be made in the..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for possession - Plaintiffs had filed a suit for possession, however, ad valorem Court fee was not affixed - First appellate Court has directed plaintiffs to deposit Court fee to remedy the error/mistake - Court has only moulded relief in order to advance cause of justice - No interference warranted...........
Civil Procedure Code, 1908, Section 25 -- Transfer of divorce petition - Wife sought transfer of petition from MP to Rajasthan - However, divorce petition is at an advance stage - Divorce petition not liable to be transferred - Husband directed to pay a sum of Rs.4000 to wife for appearance on each date of hearing...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused was in financial distress and it is in such event he had offered to sell his house for which advance payment was made by complainant - Subject cheque was issued towards repayment of a portion of the advance amount since sale transaction could not be taken forward - Order of conviction..........
