Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Petitioners have not issued cheque and they have tendered their resignation much before issuance of said cheques - These are incontrovertible facts - Only a bald averment is made in complaint against them that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - Defendant by way of additional evidence sought to produce documents to show that his mother's name was not Ram Kali with whom plaintiff entered into agreement to sell - Khatauni in question sought to be adduced as additional evidence cold not be..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Proviso, 40(2) - Amendment of plaint - Suit for specific performance, mandatory injunction and possession - Ss.21(5) Proviso, 40(2) of Specific Relief Act entitles plaintiff to seek amendment for claiming compensation or damages, as the case may be, at any stage of proceedings and in..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff claiming title on the basis of sale deed in his favour - Title of plaintiff by virtue of registered sale deed not denied by its vendors who are also party to suit - Defendant being tenant, cannot deny title of plaintiff - Tenant cannot enter into shoes of vendor and contest the matter on the..........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration, recovery of possession and rectification of revenue entries - Plea that in view of re-arrangement between the parties as agreed, the suit land was mutated in the name of defendant and that plaintiff is estopped by agreement dated 24.01.1993 and thus suit is not..........
Agreement to sell -- Specific performance - Claim for damages - Relief of damages not claimed - Even in appeal, no relief for damages claimed by appellants - Relief of damages cannot be granted to appellant. (Specific Relief Act, 1963, S.21(5)...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 148, 149, 323, 342, 506, 307, 302 -- Bail - Offence u/ss 148, 149, 323, 342, 506, 307, 302 IPC - Provision of S.12 of the Act had not even been considered and it was not even remotely observed therein that case of appellant is covered by any one of exceptions -..........
Agreement to sell -- Specific performance - Defendant admitted execution of sale agreement in his written statement but contended that same was executed only as a security - Since execution of agreement is admitted, entire burden is upon defendant to establish that sale agreement was executed only for security purposes - However, defendant failed to produce any document..........
Maharashtra Regional and Town Planning Act, 1966, Section 126, 127, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 19 -- Development Plan - Designating private land for particular public purpose - Planning Authority duty bound to make survey and come to specific opinion that land which is kept under..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific instance of misbehavior, misconduct, abuse etc. committed by wife disclosed in evidence of husband - Statement of husband without any detail and corroboration that attitude of wife was not good or that she was abusive towards him and his parents or that she was staying with..........
