Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant had discharged the initial onus of proof by proving five ingredients as contemplated u/s 138 of the Act - Onus of proof shifted to the shoulders of accused - However, there is no material on record to substantiate plea of discharge - Material on record shows that cheque..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Fire broke out at insured's warehouse - Reports suggesting electrical short circuit as the trigger for the warehouse fire, is found to fit in with the attendant circumstances - Fire at the warehouse cannot be attributable to any negligent act of insured - Moreover, fire is found to have occurred..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Plea raised by petitioners that they are ready to take care of senior citizen - Once necessary ingredients of S.23 of the Act are met and transfer deed was cancelled in accordance with law, plea raised by petitioners would not call for setting..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Transfer deed in favour of four sons was set aside by Appellate Tribunal in consonance with S.23 of the Act - Further transfer of property by one of son in favour of his son and daughter-in-law/petitioners that too during pendency of proceedings..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Three cheques were dishonoured and three notices were issued - There is no impediment in holding a joint trial - Plea of accused that single complaint for three cheques is not maintainable rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Three cheques were dishonoured and three notices were issued - There is no impediment in holding a joint trial - Plea of accused that single complaint for three cheques is not maintainable rejected...........
Agreement of re-conveyance -- Specific performance - It is implicit that plaintiff has to accept the title of defendant - However, in the instant case plaintiff in his pleadings and in his evidence has taken the plea that defendant has no right, title and interest in the suit property - Considering the frame of suit and stand taken by plaintiff in plaint and in evidence,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Plea of family settlement - There is no adjudication by any Court of competent jurisdiction i.e Civil Court on the aspect that petitioners have any right in property in question - In summary proceedings, it is pleadings of parties and document of..........
Agreement to sell -- Specific performance - Plea of violation of Fragmentation Act - Suit filed after repeal of Fragmentation Act - Suit can be decreed without there being any violation to law once Fragmentation Act itself had been repealed - Moreover, defendants received the full consideration and had also transferred the possession of property in question, as such other..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Kidnapping - Prosecutrix stated that she voluntarily went with accused, as she was in love with him - Plea of consent cannot be overlooked at this stage though shall be..........
