Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - DH filed income tax returns of JDs, which shows that they have requisite means and are intentionally evading to pay decretal amount - However, this aspect was not considered by trial Court - Trial Court directed to re-examine about means of JDs for non-payment of decreetal amount...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Bribe amount of Rs.2000 was allegedly handed over to accused when demanded by accused on the day of trap - However, Rs.500 was recovered from co-accused from his table drawer who was in other room - No evidence placed as to when accused went to co-accused and placed said amount in his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - If offence u/s 138 of the Act is duly proved, accused is to be sentenced with a fine of twice the cheque amount as such accused is sentenced to fine twice the cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Sentence - Maximum sentence of 2 years is awarded to accused - However, having regard to amount involved, relationship between parties and other attending factors, sentence of imprisonment is on excessive side - Sentence reduced to three months - Fine amount shall remain unaltered...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land unless it is shown that such an act would constitute prejudice and mere raising of construction does not amount to any prejudice - Application rightly rejected...........
Agreement to sell -- Specific performance - Plaintiff failed to prove the source from where he generated huge cash amount of Rs.12 lakhs allegedly paid to defendants as earnest money - Though witness of plaintiff deposed that he had withdrawn the amount from bank, however, no record pertaining to said withdrawal was produced - Suit rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Marriage of husband with wife is second marriage and said fact is within the knowledge of wife - Initially marriage was not consummated but later on it was consummated - Parties are living separately since 2011 - Both the parties are educated and filed cases against each other - There..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Accused admittedly availed the credit facility to the tune of Rs.77 lakhs from complainant bank and in order to repay the sum he issued two cheques which got dishonoured - He admitted his signatures on the cheques in question - However, accused had not even sent any reply notice though she was in..........
Agreement to sell -- Specific performance - Agreement in question is executed only for security for the purpose of money transaction between parties - Court below rightly held that sale agreement is never intended to be sale agreement as per answer elicited from cross-examination of PW1 - Relief of specific performance rightly denied - However, since defendant received an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - Magistrate has no power to impose fine more than double the cheque amount - Since Magistrate has imposed the fine of Rs.4,30,000 which is beyond the jurisdiction of trial Court, as cheque amount is Rs.2 lakhs only, fine amount reduced to sum of Rs.3,25,000...........
