Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Pre-reference and pendente lite interest - Power of Arbitrator to award pre-reference and pendente lite interest is not restricted when the agreement is silent on whether interest can be awarded or does not contain a specific term that prohibits the same...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Pre-reference and pendente lite interest - While pendente lite interest is a matter of procedural law, pre-reference interest is governed by substantive law - Therefore, grant of pre-reference interest cannot be sourced solely in S.31(7)(a) (which is a procedural law), but must be based on an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan of Rs.3,60,000/- without interest - Loan given in May, 2016 - Cheque of Rs.1,80,000/- towards part payment issued in July, 2019 - Presumption - Not rebutted - Merely because complainant is unable to produce documents to support existence of debt (usually in the form of a friendly loan..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Not rebutted - Onus does not shift upon complainant - Accused cannot be acquitted by holding that no interest was charged, friendly relations between parties not proved, financial capacity not established and most importantly, guilt of accused not proved beyond reasonable doubt...........
Agreement to sell -- Specific performance - Actual consideration fixed by parties was more than as claimed by plaintiff - Plaintiff has not approached Court with clean hands - Denial of specific performance is proper - However, defendants cannot be allowed to be unjustly enrich themselves, thus, directed to return the advance sale consideration of Rs.15 lakhs with 6%..........
Transfer of Property Act, 1882, Section 54 -- Sale - Where a vendor sells his right, title and interest in the land unless expressly or impliedly provided in the agreement, sale of land would also include trees standing thereon...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Mere fact there is a discrepancy qua rate of interest, not sufficient to disbelieve the claim of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Dispute regarding rate of interest - If parties amongst themselves agreed to a rate which is not in conformity with Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, it was for accused to raise an objection or move appropriate forum for getting the same corrected and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Probate proceedings - Petitioners/intervenors are step sons of testatrix - Testatrix died during lifetime of her husband - In case probate is not granted to the sons of testatrix, property devolves upon her sons, daughters and her husband - If the property devolves upon husband, naturally..........
