Transfer of Property Act, 1882, Section 122 -- Conditional gift - Mere reservation of life interest with donor or with wife of donor and a right to encumber property to a specified amount, though amounts to a condition attached with gift, it is only a liability cast upon subject of gift and not a condition which would decide validity of gift...........
Transfer of Property Act, 1882, Section 122 -- Conditional gift - Expression conditional gift stands for `a condition precedent to effectuate a gift' and not a condition attached with gift or a liability or reservation made therein...........
Transfer of Property Act, 1882, Section 122 -- Conditional gift - Liability imposed or a reservation made therein in favour of donor should not be understood a condition precedent to effectuate a valid gift...........
Indian Penal Code, 1860, Section 379A, 201, 34, Evidence Act, 1872, Section 3 -- Offence u/s 379-A, 201, 34 IPC - Appreciation of evidence - Motorcycle recovered in pursuance to disclosure statement of co-accused - Such recovery cannot be termed to be sufficient to fasten accused persons with criminal liability - Moreover, owner of motorcycle is father of co-accused and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Petitioner Managing Director of accused company and he signed all the cheques which on presentation were dishonored - He is responsible for conduct of business of company - Merely because trial Court allowed some authorized person to appear on behalf of company does not mean..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Endorsement of `insufficient funds' - Itself shows that bank was prevented to honour cheque whether it was with respect to debt or liability for discharge and said question will only be examined by trial Court - Application for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Complainant had not mentioned any date, month or year in complaint as to when alleged loan had been given to accused - He had also not mentioned anything with regard to agreement and receipt of amount - Moreover, complainant had also not examined any witness to prove receipt of amount -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Sting operation - Indulging in sting operation purportedly in public interest does not immunize an individual from criminal liability, more so when materials collected in course of investigation show activities of petitioners do not appear to be so altruistic as contended but portends of blackmail and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Respondent purchased a trailer from complainant in year 2006 and agreement was executed between parties - As per said agreement, respondent undertaken to pay outstanding instalments of vehicle purchased by him from complainant - However, in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Once borrowing of amount by accused from complainant stood proved on record, the same shall be treated as debt and once such debt was taken by accused and he had issued cheques in lieu thereof, it cannot be said that there was no legally enforceable debt or liability as..........
