Criminal Procedure Code, 1973, Section 445 -- Cash deposit in lieu of surety - Applicant a Foreign national, not having any relative or friend who can stand surety for him and he may not be in a position to take help of any person in India - Cash deposit is equally efficacious than other system - Applicant permitted to deposit cash amount of Rs.50,000 in lieu of surety -..........
Agreement to sell -- Specific performance - Return of advance amount - Even though plaintiffs are not entitled to relief of specific performance but advance amount of Rs.42,500/- paid by plaintiffs ordered to be refunded with 9% interest p.a - In addition, defendant directed to pay compensation of Rs.2,00,000/- to plaintiffs...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Single act of violence which is of grievous and inexcusable nature satisfies the test of cruelty - However, while deciding cruelty, marital life should be assessed as a whole and a few isolated instances over certain period would not amount to cruelty...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of proceedings - Filing of an affidavit in lieu of examination-in-chief of witness would amount to commencement of proceeding and trial is deemed to commence when issues are framed and case is set down for recording of evidence...........
Family Courts Act, 1984 - - Property dispute between brother and sister - Parties arrived at a settlement and filed a Joint Memorandum of Family Settlement duly signed by both the parties and their respective advocates - Parties are directed to adhere to the terms and conditions of Joint Memorandum of Family Settlement and undertaking given therein which should be treated..........
Workmen, Section 4A(3)(a) -- Compensation - Default in payment compensation under the Act - Where employer commits default in paying compensation due under the Act within one month from the date it fell due, Commissioner shall direct the employer to pay simple interest thereon @ 12 p.a and penalty not exceeding 50% of the amount of compensation - Having regard to the..........
Indian Penal Code, 1860, Section 304(Part II) -- Reduction of sentence - Accused had already undergone 7 years of his imprisonment - Accused has no criminal background - Sentence reduced to period already undergone by him but amount of fine and default sentence shall remain same - Appeal partly allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards discharge of loan - Source of funds to advance loan not explained - Relationship with accused also not disclosed so as to give accused unsecured loan of Rs.8 lacs which is a heavy amount - Bank record to show withdrawal not produced despite grant of time - Acquittal calls no..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused apprehended for acceptance of bribe amount of Rs.300 which he demanded from complainant for clearance of pension dues - Complainant turned hostile and stated that bribe was not demanded by accused - Accused convicted despite hostile statement of complainant as accused himself..........
Indian Penal Code, 1860, Section 304A, 337, 357A -- Death by negligence - Electrocution - High Court reduced the sentence to 10 days without awarding any compensation - Order of High can be upheld only with modification that accused will pay compensation of Rs.2 lakhs to heirs of deceased within six month - In default, he will undergo RI for six months - In addition to the..........
