Stamp Act, 1899, Section 35 -- Deficient stamp duty - Agreement to sell - Stamp duty on a document is payable to authorities concerned i.e Collector of concerned area - Nothing on record has been produced before Court that stamp duty paid by plaintiff is not in accordance with law or is deficient in any manner even as of now - Imposition of penalty is within the..........
Agreement to sell -- Specific performance - Readiness and willingness - Non production of pass book and/or bank account to prove of having cash and/or amount and/or sufficient funds/means to pay balance sale consideration - Unless plaintiff was called upon to produce pass book either by defendant or Court orders him to do so, no adverse inference can be drawn...........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - Testimony of victim - Statement of victim is consistent right from time when she made initial statement u/s 161 Cr.P.C before police and thereafter u/s 164 Cr.P.C before Magistrate, till the time her deposition before trial Court - Victim successfully withstood the..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Consent decree - Challenge as to - Consent decree based upon compromise can be challenged before same Court which passed consent decree...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Cheque presented and dishonoured at place `B' - Compliant filed at place `T' - Offence u/s 138 of the Act can be tried by Court within whose jurisdiction the branch of the bank where payee maintains the account is situated, if cheque is delivered through an account - Cognizance taken..........
Hindu Marriage Act, 1955, Section 12(i)(c), 14 -- Annulment of marriage - Waiver of statutory period of one year - Application for annulment of marriage filed prior to expiry of one year from the marriage - No serious argument raised for waiver of statutory period - Family Court rightly refused to waive statutory period - Dismissal of application u/s 14 of the Act will be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration - Matter of Court fee is between plaintiff and Court and in case at the time of final adjudication if Court fees is found to be deficit, plaintiff can always be asked to make good the Court fees - Trial Court committed error by treating suit in question for..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved to settle dispute inter se amicably - Accused has deposited Rs.5 lakh with trial Court in terms of order of Court - Entire amount of compensation stands paid to complainant - Prayer for compounding of offence can be accepted even after recording of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved to settle dispute inter se amicably - Accused has deposited Rs.5 lakh with trial Court in terms of order of Court - Entire amount of compensation stands paid to complainant - Prayer for compounding of offence can be accepted even after recording of..........
