Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant proved on record cheque issued in his favour by accused, which on presentation were dishonoured - Neither any illegality in judgments of convictions nor they suffer from any jurisdictional error - 11 years have elapsed since institution of complaint - Accused is poor person, so in place of..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Non-disclosure or suppression of previous policy - Previous policy was made known to appellant - It cannot be said that there was non-disclosure of hydrology data or any fraud from the side of respondent as is projected by appellant so as to repudiate the claim - Since insurance company deposited..........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, 20 -- Divorce petition - Proof of CD containing conversation between husband and wife recorded surreptiously without consent or knowledge of wife - It is a clear cut infringement of privacy of wife - Acceptance of CD in question shall amount to a clear cut breach of fundamental right of wife and her..........
Real Estate (Regulation and Development) Act, 2016, Section 43(5) -- Appeal - Pre-deposit of awarded amount - Constitutional validity of - It is the intention of the Legislation that such obligation is necessary to ensure that money once determined by the Authority is to be safeguarded - Condition of pre-deposit imposed on promoters which is due to allottees by the..........
Real Estate (Regulation and Development) Act, 2016, Section 40(1) -- Recovery of interest or penalty - Power of authority - Amount which has been determined and refundable to the allottees/home buyers either by the Authority or the Adjudicating Officer in terms of the order is recoverable within the ambit of S.40(1) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by company - Modification of sentence - Complaint was instituted in 2006 and 15 years have elapsed since then - Accused thus, sentenced with imprisonment for a term of 1 year with fine twice the amount of cheque i.e Rs.3,20,000/- - However, in view of passage of time, if accused pays a further..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Divorce case - Husband absent from Court despite giving last opportunity to him, inspite of cost had been imposed, he has not even paid the cost - He stated that he was unable to attend proceedings in divorce suit because his mother has fallen ill - However, no medical certificate was..........
Agreement to sell -- Suit for specific performance - Enhancing sale consideration - Court cannot dictate or deviate from any term or condition enumerated in the contract for sale between parties or agreed into by parties and as such, it is not within jurisdiction of Court to re-fix sale consideration as against what is agreed to by parties - However, it is within..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for declaration and injunction - Defendant during pendency of suit entered into agreement to sell with petitioner and received an advance amount of Rs.5 lakhs - Right of petitioner is subservient to rights of defendant in the suit and subject to any adjudication and decision to be made in the..........
Protection to life and liberty -- Live-in-relationship - Petitioner no.1 already married and without seeking divorce from her spouse, is living a lustful and adulterous life with petitioner no.2 - Act of petitioners may constitute offence u/ss 494, 495 IPC - Such a relationship does not fall within phrase live-in-relationship or relationship in the nature of marriage -..........
