Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Defendant/respondent led evidence on issue No.4 which relates to recovery of amount from plaintiff/petitioner by way of counter claim - Held, since onus to prove issue No.4 is on defendant, therefore, petitioner can lead evidence to rebut same and hand writing..........
Civil Procedure Code, 1908, Section 34 -- Payment of Interest - Loan - Compromise arrived at between parties before Lok Adalat - Petitioner moved an application before Debt Recovery Tribunal for claiming an interest as the amount not paid as per compromise and reduction of time period for payment from 18 months to 12 months - Held, repayment was not made as per compromise..........
Partnership Act, 1932, Section 69(2) -- Partnership - Suit for recovery of amount filed by an unregistered firm - Held, subsequent registration of partnership firm cannot cure the defect of filing the suit in the name of an unregistered firm - Suit filed on behalf of unregistered firm not maintainable...........
Haryana Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1973, Section 8A, 8(i), 3(5) -- Default in repayment of loan - Recovery loan with interest - Contention that merely because account has become NPA and interest is not debited to statement of account as due and payable, recovery proceedings under the Act cannot take place qua amount of interest..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Appeal against acquittal - Acquittal upheld - Theory regarding demand of bribe found uncorroborated - No verification of demand was attempted by seizure officer - Amount was not recovered from personal search of accused - Numerous cases of defalcation pending against complainant -..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 6 -- Eviction - Case set up by petitioners was that they were not in unauthorized possession but had purchased property in dispute in auction - However, their auction was not confirmed - Contention that though amount deposited by them towards auction money has been returned but interest..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 471, 420 -- Compounding of offence - Bank loan taken on forged documents - Amount repaid in pursuance to order of Debt Recovery Tribunal - It cannot be said that there is a compromise between the offender and the victim - Held, it is not a ground to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 125(3) - - Maintenance - Recovery of maintenance beyond period of one year - Proviso only contemplates that recovery of maintenance beyond one year cannot be by way of fine and detention of the defaulter in custody - However, in such a situation the ordinary remedy to recover the amount of maintenance, namely, a civil action would..........
Criminal Procedure Code, 1973, Section 125(3) -- Minor - Recovery of maintenance - Limitation of one year - So long as said minor does not attain majority for enforcement of maintenance due in arrear there is no limitation of one year under proviso to S.125(3) Cr.P.C. and such application is maintainable and enforceable after period of one year for realizing amount..........
Indian Penal Code, 1860, Section 302, 460, 147 -- Murder - Appeal against conviction - Accused acquitted - No allegation in FIR of offence of robbery or to take off money by accused - Some amount due to accused from deceased alleged as motive to commit murder of deceased but not proved - Recovery of articles irrelevant when no theft was reported and things recovered were..........
