Negotiable Instruments Act, 1881, Section 138, 141(1) -- Dishonour of cheque - Company - Complaint against company and its directors for dishonour of cheque - Director sought quashing of summoning order on the ground that complainant has not stated in the complaint as to how the petitioner/director has been made an accused or was in charge of the business of the company at..........
Agreement to sell -- Suit for specific performance - Plaintiff proved that he was ever ready and willing to perform his part of contract - Plaintiff also proved that defendant committed breach of the agreement - Contract was never validly terminated - Held, plaintiff entitled for decree of specific performance of contract...........
Agreement to sell -- Suit for specific performance - Ready and willing - Sending of notice by plaintiff to defendant requiring him to execute the sale deed as per agreement and thereafter filing of suit by plaintiff would suffice to prove his readiness and willingness to perform his part of the contract...........
Agreement to sell -- Suit for specific performance - Ready and willing - Defendant denied execution of agreement - Means that defendant was never ready and willing to perform his part of the contract - It does not lie in the mouth of defendant to contend that plaintiff was not ready and willing to perform his part of the contract...........
Medical negligence -- Compensation - Neither the Hospital was equipped with any specialist for treatment of cancer nor OP No. 1 doctor who performed excision biopsy had conducted preliminary investigation except biopsy of the tongue before performing excision surgery and even the said report of biopsy was not available at the time of operation on 19.3.1999 and was ready on..........
Medical negligence -- Compensation - Neither the Hospital was equipped with any specialist for treatment of cancer nor OP No. 1 doctor who performed excision biopsy had conducted preliminary investigation except biopsy of the tongue before performing excision surgery and even the said report of biopsy was not available at the time of operation on 19.3.1999 and was ready on..........
Specific Relief Act, 1963, Section 10 -- Suit for specific performance of agreement to sell - Plaintiff was not ready and willing to get the sale deed executed for three years till filing of the suit - Plaintiff committed intentional breach of agreement - Held, findings of courts below that plaintiff is entitled for refund of earnest money are perverse and illegal and..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties living separately since 1993 - No plausible reason for the wife not to live with the husband - Bond of marriage not repairable which has been extensively damaged by passage of separation - Wife not ready to cohabit inspite of repeated efforts made by husband and his relatives - Love and affection from his or her..........
Agreement to sell -- Suit for specific performance - Plaintiff was and is ready and willing to perform his part of contract - Defendant raised specific plea that it is a money lending transaction - There was no evidence enough to override the legal effect of or to overturn the suit agreement - Held, plaintiff entitled to decree...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Cheque amount Rs.50, 000/- - Accused sentenced and convicted to 8 months SI - In revision accused ready to deposit the amount - Request allowed - In the matter of dishonour o cheque, compensatory aspect remedy shall be given preference than the punitive aspect..........
