Criminal trial -- Compromise - Dispute primarily of civil in nature - Additional amount paid by accused as per settlement - Plea by complainant that he was coerced into the settlement - Plea of coerced looks unlikely for two reasons - First there is no FIR or complaint that complainant was coerced into the settlement and secondly additional amount was duly accepted by..........
Agreement to sell -- Forfeiture of earnest money - Earnest money is a payment towards security for performance of contract on the part of proposed buyer - Once buyer fails to prove that he was ready and willing to perform his part of contract, amount of earnest money is liable to be forfeited...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Proof - Friendly loan advanced in the presence of one `S' who is not examined as a witness - It does not appeal to prudence that complainant who was a teacher, drawing a salary of Rs.17,000/- per month would have advanced a friendly loan of Rs.Two lakhs, without any receipt or even..........
Negotiable Instruments Act, 1881, Section 138, 148(3) -- Dishonour of cheque - Order passed u/s 148(3) of the Act for release of amount of interim compensation - Revision against such an order is not maintainable, as it is only an interlocutory order and same does not amount to intermediate order...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Granted with condition to deposit an amount of Rs.15 lakhs in Court - Defendants failed to deposit the said amount even till date - Application filed by defendants for modification of said order of imposing condition rejected - Order passed by trial Court is within powers..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Mere filing of civil suit asserting certain rights over land contrary to consent decree cannot be said that plaintiffs have breached the consent terms - Appellant participated in such proceedings - Does not amount to contempt of Court...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Accused already surrendered before Court concerned - Penalty amount imposed upon surety reduced to Rs.4000/- in place of Rs.15000/-...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted subject to co-operation of accused with investigating agency - Accused joined investigation but did not co-operate with the police nor got recovered the amount of bribe received by him nor disclosed other facts of the case properly - Behaviour attributed to accused to the instances..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque admitted - There is no necessity to examine `S' in whose presence the cheque amount was advanced...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have entered into amicable settlement without there being any coercion, threat or undue pressure - Accused already deposited the part of amount as per settlement and remaining amount directed to be deposited in Court - Accused directed to deposit 15% of cheque..........
