Indian Penal Code, 1860, Section 302, 379, 392 -- Murder - Robbery - Deceased was in possession of a mobile phone and cash of Rs.2000 when he left home - However, he did not return on the same day - Recovery of Rs.300 from the possession of accused from his house is inconsequential, as that much amount would be available in every household if not more - Moreover, there is..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - No reason is given by appellate Court while imposing condition - Impugned order to the extent of imposing condition set aside - Appellate Court directed to re-consider the same after giving..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - JD disobeying the order of attachment, sold away the property to third parties during the pendency of suit and prior to filing of execution petition - JD thus, had sufficient means to pay decretal amount - Plea of JD seeking extension of six months time is not acceptable, as executing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of accused suspended on the basis of statement made by accused on affidavit/undertaking for depositing amount - However, no such amount was deposited by accused - Conduct of accused would go to show that accused is neither ready to argue the matter on merits nor complying with his own..........
Consumer Protection Act, 1986, Section 23 -- Home buyers - 90% payment made - Failure to deliver possession in time - National Commission erred in directing that developer shall be entitled to charge interest @ 9% p.a from appellants on the balance amount till date of payment - Judgment of National Commission to that extent set aside...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and daughter - Enhancement of - Husband is a director of company and big shareholder - Annual income of husband is Rs.7,50,000 - Maintenance amount thus, increased to Rs.18,500/- pm to wife and Rs.10,000/- pm to minor daughter...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial assistance - Failure to show if any sum was advanced towards financial assistance - Cheque amount not reflected in complainant's balance sheet - Other partners of firm did not depose as prosecution witnesses to establish that cheque amount was advanced to accused as financial assistance -..........
Interest -- Delay in refund of excess stamp duty - State has no power to hold on the money that it has taken without any authority of law - Time for which amount was illegally detained by Government is required to be compensated by Government by way of payment of interest thereon - There is no requirement of any specific provision for the payment of interest in such..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS Act - Petitioner is the registered owner of vehicle - Court should pass appropriate orders immediately and articles should not be kept for a long time at the police station - Vehicle in question directed to be released in favour of petitioner on supurdaginama of Rs.1 lakh and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere repayment of the amount cannot mean that accused is absolved from the criminal liabilities u/s 138 of the Act...........
