Will -- Due execution - Merely because testator was taken to bank a few days before executing Will in question, execution thereof cannot be called into question...........
Agreement to sell -- Specific performance - Readiness and willingness - Failure of plaintiff to offer any explanation why balance consideration was not deposited within time granted, filing application for extension of time after expiry of prescribed period coupled with frivolousness of grounds taken in application for extension that money would lie in the bank without..........
Agreement to sell -- Specific performance - Readiness and willingness - Capacity to pay - Plaintiff has to demonstrate readiness and willingness u/s 16(c) of Specific Relief Act throughout to perform his obligations under the contract - Plea that amount would lies in bank without interest is unfounded and contrary to normal banking practice - This is thus, sufficient..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque returned with endorsement "kindly contact drawer/drawee bank and pleasen" - Plea that cheque was not returned for insufficient funds - Held, onus to prove that at the relevant time accused had sufficient balance in his account has to be proved by summoning bank record -..........
Indian Penal Code, 1860, Section 420, 467, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Conspiracy - A-1 with connivance of deceased sanctioned loan in violating rules and regulations for their personal gains in order to cheat bank - There is sufficient evidence on record against A-1 - However, no evidence on record against..........
Civil Procedure Code, 1908, Section 60, Constitution of India, 1950, Article 226 -- Securitisation and Reconstruction of Financial Assets and Enforcement Security Interest Act, 2002 - Payment of loan - Liability to refund - Petitioner filed application for disbursement of his pension - Pension amount not disbursed and Bank directed to arrange to close loan account -..........
Constitution of India, 1950, Article 226 -- Equitable relief - Where petitioner not only obtained loan by playing fraud on Bank but has not repaid loan amount, then Court may refuse to entertain petition u/art.226 of Constitution for the simple reason that he who seeks equity must do equity - Thus, not only petitioner had suppressed material facts in writ petition but at..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Mere fact that bank has assessed financial capacity of plaintiff while granting loan earlier in respect of another property is not sufficient to discharge of proof of financial capacity in facts of the case to hold that plaintiff was ready and willing to perform her part of..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111, 107 -- Tenant in secured asset - Protection - Objectives of SARFAESI Act coupled with Transfer of Property Act and Rent Act are reconciled in following manner:- a) If a valid tenancy under law is in..........
Civil Procedure Code, 1908, Order 15, Rule 5, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Striking off defence - Eviction petition - Non-payment of rent - Tenant ready to deposit rent but on account of an inter-se dispute between landlords themselves as to who would be entitled to receive rent, rent was not accepted on date fixed - Therefore, it..........
