Companies Act, 1956, Section 433(e), (f), 434 -- Winding up petition - Inability to pay admitted debts - Respondent company supplied raw material to appellant Company and there was outstanding balance amount against appellant - Defence taken by appellant with regard to quality of material supplied by respondent being defective was by way of an afterthought, as no document..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Amendment sought by successors-in-interest of original tenant - Amendment sought when repeated adjournments were granted to lead evidence - Such conduct clearly reflects that neither they were diligent in pursuing their case nor their actions are bona fide - More so, delay..........
Insolvency and Bankruptcy Code, 2016, Section 61(2), Limitation Act, 1963, Section 14 -- Appeal - Limitation - Exclusion of time u/s 14 of Limitation Act - Judgment of NCLT is dated 28.11.2019 - Appeal filed in on 18.2.2020 - However, immediately after order was passed by NCLT, appellant preferred writ petition before Division Bench of High Court on the ground that..........
Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19 -- Condonation of delay - Delay of 53 days in filing appeal u/s 19 of Family Courts Act - Delay occurred due to improper advice about limitation of filing appeal - Delay is not inordinate or intentional - Delay appears to have been caused due to bona fide reason - There is thus, sufficient explanation for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 407, 468, 471, 260, 263Ka -- Quashing of charge sheet - Cheating - Fake stamps - Allegations made in FIR show that victim incorporated ingredients necessary for prosecuting accused for offence alleged - Question whether complainant will be able to prove allegation in the manner known to..........
Rent and Eviction -- Res judicata - Aspect of res judicata does not apply when eviction is sought on ground of bona fide need. (Civil Procedure Code, 1908, S.11)...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 6 -- Summoning of record - Application filed by defendant lacks bona fides and same has been filed only to protract proceedings - Trial Court after elaborate consideration of matter and referring to all relevant facts and circumstances rejected application - No error apparent on face of record - Application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Subsequent development - Eviction suit - Amendment sought to incorporate subsequent development which have taken place as plaintiff has obtained vacant possession of another shop in question - Therefore, amendment sought is just to establish that bona fide requirement is not available to..........
Agreement to sell -- Specific performance - Plea of bonafide purchaser - Registered sale deed executed in favour of subsequent purchaser - However, sale deed does not indicate date and manner in which sale consideration was paid - Said sale deed does not make any reference to any of two alleged un-registered agreement to sell executed between vendor and subsequent..........
