Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant a practicing Advocate - Practicing Advocate advanced loan to his client - Practicing Advocate is barred from having any business transactions or loan transactions with his client - Act of complainant amount to professional misconduct - Entire proceedings nothing but clear abuse of process of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Refusal to wear `sakha and sindoor' by wife will project her to be unmarried and/or signify her refusal to accept marriage with husband - Such categorical stand of wife points to clear intention of wife that she is unwilling to continue her conjugal life with husband - Under such circumstances..........
Rent and Eviction -- Rent deed - Registration - Rent payable monthly - There is presumption that tenancy is monthly tenancy - From cumulative reading of rent note the intention of tenant is more than clear that tenancy was only monthly tenancy, which could have been terminated on default of payment of rent by 5th day of any month or by notice of one month - Rent deed did..........
Co-owner -- Possession by one co-owner - It is possession of all co-owners and there cannot be any acquisition of adverse title unless there is clear `ouster'...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Non-compliance of High Court's order - High Court vide its judgment directed that any colour which is similar to flag of any political party should not be used for painting Gram Panchayat buildings - Directions issued by High Court are clear and unambiguous - High Court is right in holding that respondents..........
Will -- Suspicious circumstances - Will in question is surrounded by various suspicious circumstances which are material in nature and which have gone unexplained - Appellant while seeking probate has not only failed to remove and clear the suspicious circumstances but has even contributed her own part in lending more weight to each and every suspicious circumstance -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 465, 468, 471 -- Quashing of proceedings - Cheating - Compromise in civil Court - After availing benefit of said compromise, complainant cannot go back and reagitate the matter before another forum - Compromise includes all issues - Complainant cannot take a portion of the compromise which is..........
Mutation -- Application alleged to be filed in the year 2003 in fact was submitted for first time in the year 2013 seeking mutation on the basis of Will executed in the year 2003 - Executor of Will died on the next day of executing the Will - No proceedings initiated for mutation for more than ten years - It is clear that deliberately a fraud has been committed in order..........
Specific Relief Act, 1963, Section 41(f) -- Injunction - Cannot be granted to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance...........
Evidence Act, 1872, Section 116 -- Denial of title of landlord by tenant - Ownership of landlord on basis of Will - Clear covenant in lease deed signed by predecessor-in-interest of tenant that landlord is absolute owner of tenanted premises - This one fact alone is more than sufficient to prevent tenant from now challenging the Will - Landlord not expected to discharge a..........
