Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Memorandum of understanding (MOU) executed between parties - Accused willing to pay compensation amount with extra amount - In view of undertaking given by accused as also fact that accused has already suffered incarceration for more than four months, conviction and sentence set..........
Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, Section 10(3), 8 -- Order of surrender of surplus land - Revision petition challenging said order - Petitioners claiming themselves to be rightful owners of land via sale deed - Land so surrendered have already been alienated by issuance of pattas to 7 individuals enjoying possession - Petitioners at..........
Agreement to sell -- Suit for declaration, possession of suit property by way of specific performance of agreement to sell and for grant of decree of permanent injunction - Readiness and willingness - Once defendant nos.2 & 3 have gained knowledge of fact that plaintiff no.2 & 3 are actual intended purchasers and thereafter applied for getting permission to sell in their..........
Agreement to sell -- Subsequent bonafide purchasers - Subsequent purchasers had no relationship with vendor or co-vendors - No evidence on record that co-vendor ever challenged sale deed in favour of subsequent purchasers - Subsequent purchasers had no knowledge of agreement to sell in favour of plaintiff before execution of sale deed in their favour - Payment of sale..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Assessment - Land in question has potential of being used for no, agricultural purposes - There is no document in the form of comparable sale deed of any property in the vicinity - Burden to prove that market value of property is more than that disclosed in the sale deed is to be discharged by State, which State has..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 420, 406 -- Discharge - Cheating and criminal breach of trust - Opening of Bank account as proprietor after dissolution of partnership deed - Not an act of cheating and criminal breach of trust - Accused rightly discharged...........
Agreement to sell -- Suit for possession by way of specific performance - Readiness and willingness - Plaintiff on coming to know of registration of sale deed by defendant No.1 in favour of defendant No.2 filed the suit within one month from the date sale deed was executed - Even, plaintiff in his plaint has specifically stated that he is ready and willing to perform his..........
Agreement to sell -- Specific performance - Plea of hardship - Defendants after taking earnest money, had put said amount in Bank Account - Therefore, defendant No.1 was not under any pressing necessity or any personal hardship at the time of execution of alleged agreement to sell - More so, defendants were selling land in the village as well in other village, there is..........
Indian Contract Act, 1872, Section 56 -- Frustration of contract - Agreement to sell - Specific performance - Defendant contended that process of acquisition of suit land is initiated - However, trial Court already passed the decree for execution of sale deed in favour of plaintiff - At that time there was no notification for acquisition of land in question - Notification..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Negotiable Instruments Act, 1881, Section 138, Ranbir Penal Code, 1989, Section 420 -- Quashing of proceedings - Dishonour of cheque - Defendant filed petition for quashing on Retirement-cum-partnership deed - It is only a fact which may be required to be proved during course of trial, whose evidentiary value..........
