Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement for sale is admitted - Terms and conditions therein are also not disputed - Defendants also received part of sale consideration as advance - Question which require consideration in the trial i.e whether the plaintiffs are entitled for decree of specific..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Protection of a prospective purchaser/transferee of his possession of the property involved, is available subject to following prerequisites: (i) There is a contract in writing by transferor for transfer for consideration of any immovable property signed by him or on his behalf, from which the terms..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Suit for Partition - (i) In cases when exclusion of Civil Court's jurisdiction is expressly provided for, consideration as to scheme of statute in question and adequacy or sufficiency of remedy provided for by it may be relevant but cannot be decisive; (ii) Where exclusion is pleaded as a matter of necessary..........
Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - Exemption from registration - In order to fall under the exception of S.17(2)(vi) of the Act, following conditions must be satisfied: (i) There must be a compromise decree as per the terms of compromise without any collusion; (ii) compromise decree must pertain to the subject property in the suit; and (iii)..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Mandatorily required averments - Missing in the complaint - Complaint quashed...........
Indian Penal Code, 1860, Section 193, 199, 200 -- Offence u/ss 193, 199, 200 - Offences were allegedly committed before a Tribunal - Tribunal is not defined as a Court - Therefore, it was not empowered to entertain such an application as prescribed under the law u/ss 195 r/w S.340 Cr.P.C - Only route available for appellant was to file a private complaint and Tribunal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Petitioner had undergone total custody of 3 months and 6 days out of 6 months - Petitioner had already paid 55% of compensation amount - He has thus, undergone over half of sentence and paid more than half of compensation amount - Sentence reduced to period already undergone by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Petitioners were sentenced to a period of one year S.I. - Both the petitioners have undergone more than one year in custody out of total sentence and also suffered agony and trauma of protracted trial - Sentence awarded to petitioners reduced to period already undergone by them -..........
Special Marriage Act, 1954, Section 4 -- Marriage between a Hindu and Muslim - Validity - There is a prohibition in personal law i.e Mohammedan Law that a Mohammedan boy cannot perform marriage with a Hindu girl - However, there is no bar, if marriage takes place u/s 4 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Transfer of complaint - Cheque was presented at Bank located at place `R' and same was dishonoured for want of funds - Complaint filed before Court at place `R' - Therefore, no case is made out for transfer of complaint u/s 138 of the Act - Petitioner can always apply for grant of exemption for..........
