Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures on cheque admitted - Presumption u/s 139 of the Act includes presumption that there exists a legally enforceable debt or liability - However, the presumption is rebuttable and it is open to accused to raise a defence wherein the existence of a legally enforceable debt or..........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- Execution - Provisions of O.22.Rr.3,4 & 8 CPC do not apply to execution proceedings - If after filing of execution petition in time, either D.H. or J.D. dies and his legal representatives are not brought on record then there is no abatement of execution petition and execution petition remains pending - If no time..........
Development agreement -- Construction of new building - General body of Society has approved terms and conditions of development agreement by overwhelming majority - Merely because terms and conditions of development agreement are not acceptable to respondent being member of society, who could be said to be in minuscule minority cannot be basis of not to abide by decision..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Period mentioned in the provision is directory and not mandatory - It is open to Court to exercise its discretion in the facts and circumstances of each case - Impugned order of rejection of application for waiver of six months statutory period set aside - Matter..........
Criminal Procedure Code, 1973, Section 439 -- Bail - On parity basis - High Court granted bail to accused on parity basis while proceeding on irrelevant considerations and while ignoring relevant features of case - Order granting bail set aside - However, it is left open to accused to apply for bail afresh after surrendering and at an appropriate stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Inter State water river dispute - Suit was pending between two States for the last 19 years - During last 19 years, various developments have taken place and it will be extremely difficult to consider the matter purely from prospective of grant or non-grant of interim relief - Proper course would be..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Grounds on which co-accused was released on bail and grounds on which accused is released on bail are same - While releasing co-accused on bail, High Court observed that in case Supreme Court cancels bail granted to co-accused, then it would be open for State to move an application for cancellation of..........
Civil Procedure Code, 1908, Section 9, Maharashtra Housing and Area Development Act, 1976, Section 71, 177 -- Jurisdiction of civil Court - Plaintiff instituted suit for injunction as her easements were infringed by illegal construction which defendant had erected on the open space - Relief claimed in the suit beyond scope of Act of 1976 - Suit is maintainable before civil..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Fresh accrual of cause of action on account of execution of subsequent sale deed - Bar of S.11 CPC would not be applicable, because issue would still be left open to be decided by Court about effect of earlier decree - Application u/s 11 CPC rightly dismissed...........
Indian Penal Code, 1860, Section 304B, 120B -- Dowry death - Deceased committed suicide within seven years of her marriage - Room in which deceased died was locked from inside and door was forced open by villagers - Smell of kerosene oil was emanating from body of deceased - Possibility of an accidental death can safely be ruled out - Motor cycle was demanded by accused..........
