Criminal Procedure Code, 1973, Section 482, Prevention of Money Laundering Act, 2002, Section 3 -- Quashing of proceedings - Money Laundering - If in respect of order of provisional attachment petitioners are aggrieved, they have to approach the Appellate Tribunal constituted u/s 26 of PMLA - Merits involved in the Provisional Attachment Order need not be adjudicated in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deeds - Plaintiff did not establish by cogent evidence regarding his status as that of an illiterate person so as to dislodge the sale deed and exercise of undue influence having not been proved - However, burden having been sufficiently discharged by defendant as regards due execution..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Prima facie from the documents on record is shown that cheque had been issued by petitioner no.2 in favour of complainant, which is asserted to be in discharge of existing legal liability - Prima facie ingredients for summoning u/s 138 of the Act are made out and petitioners..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Re-issue of Commissioner warrant - Advocate Commissioner was appointed on an application U.O.26.R.9 CPC and he has filed his report along with plan - He was not able to collect plan from revenue officials - Re-issue of Commissioner warrant would arise only if re-course is taken U.O.26.R.10 CPC - Considering issue involved in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Merely because for the welfare of the family if father of wife had at some stage in the life of husband tried to contribute to the growth of husband to see that the family remains viable and the marriage survives, in absence of any evidence to the contrary, it cannot be said that this..........
Agreement to sell -- Specific performance - Plaintiff did not give any advance intimation to defendant imploring him to receive the balance consideration and execute the sale deed on the schedule date when he straightway proceed to Sub-Registrar's office or anytime thereafter - Instead, he directly proceeded to file the subject suit - Ex-facie, averments set out in the..........
Agreement to sell -- Specific performance - Plaintiff being a Police Constable was mandatorily required to seek permission from his department before entering into an agreement to purchase property of a high value - However, admittedly, he did not seek any such permission from the department - It is not the case of plaintiff that he and defendant were on such close terms..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Directions issued; (i) Husband is entitled to raise the plea of adultery committed by wife in proceedings pertaining to adjudication of interim maintenance and expense of proceedings so as to plead that such prayer by wife be dismissed; (ii) Since the proceedings undertaken u/s 125 of..........
Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Validity - Defendant No.1/power of attorney holder lacked the authority to bind defendant Nos.6 to 8 in the agreement to sell, as GPA did not confer upon him the power to sell the property on behalf of his sisters at the time of agreement, having been impliedly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wants to question the validity of Will, on the basis of which defendant sought to have suit dismissed - Without determination of question of Will and its genuineness, partition of suit property would not be possible - Application for amendment rightly..........
