Agreement to sell -- Ready and willing - Plaintiff is not required to tender the amount to defendant or to deposit the amount in Court - However, plaintiff is required to at least prove that he has the capacity and was prepared to perform his part of the contract...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Matter compounded by parties - Complainant is permitted to withdraw the complaint - However, keeping in view of poor financial condition of accused, it is appropriate case to impose lesser compounding fee - Accused held, directed to deposit compounding fee of Rs.5,000 instead of 15% of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by Sessions Court - It is evident that even before issuance of cheques, a report regarding loss of said cheques had already been lodged by respondent - Complaint was filed in month of March wherein it is stated that he had started business of supply of milk 4 months..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Non-seeking of permission from husband or his parents for pledging ornaments or for taking son for treatment cannot amount to cruelty towards husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Allegation of using indecent and filthy language by wife without any independent corroborative evidence does not amount to cruelty towards husband - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Instances of cruelty appears to be normal wear and tear of marital life - None of instances of cruelty pleaded in plaint amount to commission of cruelty within meaning of S.13 of the Act - Divorce petition rightly dismissed...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Defendant directed to furnish bank guarantee by way of security till disposal of case - However, defendant wants to furnish collateral security of equivalent value in lieu of bank guarantee - Since defendant is willing to deposit title of property owned by him worth of which is..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased was harassed with a view to coerce her to meet unlawful demand of Rs.25,000 and such harassment was on account of failure by her to bring the said amount from her father who was financially incapable to meet such demand - Suicidal death by consuming pesticide stands affirmed by evidence..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Consideration - DW1 stated that he was present at the time of execution of pronote and receipt but consideration amount was never handed over in his presence - DW1 is nephew of defendant - Admittedly nether pronote nor receipt bear signature of DW1 - In fact DW1 in his cross examination admitted that he was not..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Application of accused for examination of cheque through handwriting expert was dismissed - Petitioner from the very beginning contended that cheque is misused by respondent as it was lost in transit - Moreover, if accused is not granted liberty for his possible defence,..........
