Agreement to sell -- Suit for specific performance - Refund of double of earnest money - Stipulation for payment of amount equivalent to double of earnest money is a penal provision and therefore, plaintiff is required to prove the damages - Moreover, first appellant Court has already awarded Rs.28,200 over and above the refund of earnest money - No ground to interfere..........
Agreement to sell -- Specific performance - Readiness and willingness - Mere payment of 87% of total sale consideration - Does not establish readiness and willingness - Plaintiff has to show his readiness and willingness for fulfilling all of his obligations...........
Judicial service -- Computation of pensionary benefits - Service which is rendered as a Judge of the High Court has to be cumulated with the service rendered as a member of district judiciary by treating it as service therein for computing the pension - Pensionary payment shall be computed on the basis of last drawn salary as a Judge of the High Court. (Pars 22 & 32)..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deductions - No deduction is permissible for payment of monthly installment of personal loan and it should be added in net monthly income of husband...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - PW1 was cross-examined about 8 months after his examination-in-chief - He has not been examined on the point of NCR of the alleged cross case - It is essential in the interest of justice that defence is granted an opportunity on heavy costs to cross-examine PW1 - Application allowed subject..........
Agreement to sell -- Breach of agreement - Forfeiture of earnest money - If payment is made only towards part payment of consideration and not intended as earnest money then forfeiture clause will not apply...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Divorce proceedings - Application filed by defendant/wife u/s 24 of Hindu Marriage Act for litigation expenses remained pending for no fault of defendant - Matter was sent for mediation and reconciliation which ultimately failed and immediately thereafter, defendant moved an..........
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...........
Criminal Procedure Code, 1973, Section 125, 128 -- Arrears of maintenance - Default in payment - Auction sale - Proceedings for auction has taken place and sale certificate has been executed by civil Judge in favour of wife - Husband has harassed her legally wedded wife till her death - Wife further executed sale deed in favour of certain persons, husband held, not..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by Company - Offence punishable u/s 138 of N.I Act is complete on the day the accused/company and the Directors who were incharge of the affairs of company fail to make the payment in response to statutory notice...........
