Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Advocate on panel of Bank - Issuing false non encumbrance certificate by Advocate - Plea that non encumbrance certificate was issued to extend pecuniary advantage to the farmers - There is no basis on record for making such statement except that non encumbrance certificate was not found proper - There..........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Component of mens rea for offence falling u/s 489-B and/or 489-C IPC is knowledge or having reason to believe that currency note or bank note is forged or counterfeit, coupled with intention to use same as genuine or knowledge that it may be used as genuine...........
Indian Penal Code, 1860, Section 489B -- Phrase `or otherwise traffics' in S.489-B IPC would take within its sweep, action of dealing or trading in forged counterfeit currency note or bank note even otherwise than by selling, buying (purchase) or receiving...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Secured asset - Possession of - Stay of proceedings - Suit for permanent injunction filed by tenant which is pending before Civil Court against landlord prior to invoking of provision of SARFAESI Act by bank -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused neither signatory of cheque nor having account in bank - Accused cannot be punished for offence u/s 138 of the Act...........
Constitution of India, 1950, Article 226 -- Writ petition - Interim relief - Even assuming prima facie case in favour of writ petitioner there is no balance of convenience in its favour - In case stay is not granted, no loss or injury shall be caused to the writ petitioner and on the other hand if stay is granted, State will lose about Rs.20 lakhs daily - There is no way..........
Legal Services Authorities Act, 1987, Section 22C -- Accidental death Repudiation of claim - Group Insurance Policy - Taken by respondent no.2 for its members/kissan credit card holders - Permanent Lok Adalat awarded Rs.5 lacs to respondent no.1 - IRDA issued a circular and cautioned all insurance companies to desist from rejecting genuine claims in case of delay in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Conduct of wife not only towards children but also towards husband would have led to a lot of mental anguish leaving husband to feel deeply hurt and with no other option to bring to an end their marital relationship - Parties are living separately since 2009 - There are no chances of any..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action for filing suit for permanent injunction against encashment of bank guarantees was distinct than subsequent suit for recovery after alleged wrongful encashment of such bank guarantees - Cause of action in both the suits are different and suit for recovery could be filed only after..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Accused admits that cheque has bounced on account of not sufficient funds in his bank account - However, accused not given any reply to legal notice - Defence of accused that on very same day he went and told complainant that he has not issued such notice cannot be accepted - Accused cannot..........
