Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dead body found on the bank of river and was eaten by animals - Age of dead body is completely inconsistence with age of Smt.Rema - Sari, slippers and torch were found on the river bank by villagers but these villagers have not been produced - No recovery memo of these items was ever..........
Service -- Disciplinary proceedings - Imposition of major penalty - Serious allegation against delinquent employee - At initial stage Bank considered to impose minor penalty - However, after receipt of CVC report major penalty imposed on delinquent without supplying him copy of said report - Held, any material which goes into decision making process against an employee..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Permission of Court to sell minor's property - Requirement for selling property is for upkeep, maintenance and educational expenses of minor - Such facts show sufficient necessity for selling the property, more so because petitioner is a natural mother of the minor and will sufficiently protect the interest of the..........
Hindu Marriage Act, 1955, Section 25 -- Quantum of maintenance - Marriage between parties has already been dissolved - It would be more convenient and beneficial for wife to take one time permanent alimony rather to bank upon monthly maintenance - Enhancement of permanent alimony in lieu of monthly allowance of Rs.4,000 p.m would be in the interest of parties - Permanent..........
Civil Procedure Code, 1908, Order 7, Rule 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Declaratory suit pertaining to forged guarantee documents - Rejection of plaint - Jurisdiction of civil Court - Held, S.34 of the Act bars jurisdiction of civil Court in case documents of loan/guarantee..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Vehicle which is liable to be confiscated, can be released on furnishing of bank guarantee...........
Agreement to sell -- Specific performance - Readiness and willingness on part of plaintiff is required to be from the date of execution of agreement of sale itself - Though he need not demonstrate ready cash or bank balance, he must prove to the satisfaction of Court that he is ready to perform his part of contract in accordance with terms thereof...........
Contract Act, 1872, Section 171, 174 -- Gold ornaments offered as security while availing loan - Bank can retain the same even after loan is cleared on the ground that borrower has not discharged his liability of another loan - Bank has a general lien over all forms of security including gold ornaments deposited by or on behalf of borrower in the ordinary course of banking..........
Contract Act, 1872, Section 171 -- Existence of right of general lien - Presumption - Rebuttal - Burden is always on borrower to establish `a contract to contrary' in order to displace presumption in favour of Bank about existence of a right of general lien - It is not for Bank to establish otherwise as a presumption of a right of general lien in its favour flows from..........
Contract Act, 1872, Section 176 -- Banking Regulation Act, 1949, S.8 & Schedule III - Loan on security of gold ornaments - Default in repayment of loan - Sale of gold ornaments is part of banking business - Bank sells the goods not as agents of borrower but as pledgees...........
