Agreement to sell -- Specific performance - Readiness and willingness - No document on record to indicate availability of balance sale consideration on the date when plaintiff had gone to office of sub-registrar and as on date of filing of suit property - Balance amount deposited only after suit was decreed at the first instance and not as on date of filing of suit -..........
Agreement to sell -- Specific performance - Bona fide purchaser - Suit property sold by defendant No.1 to defendant No.2 after agreement to sell in favour of plaintiff - No evidence on record that defendant No.2 had knowledge of agreement in favour of plaintiff - Defendant No.2 is thus a bona fide purchaser - Since plaintiff failed to prove readiness and willingness to..........
Hindu Marriage Act, 1955, Section 27 -- Stridhan - Wife specifically stated that at the point of her marriage an amount of Rs.1 lakh and various gold and silver articles were given to husband and his family members - Now they are demanding four wheeler car - Husband deserted wife from her matrimonial home and she is residing separately at her parental home under compulsion..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Agreement for cash credit facility - Goods insured were destroyed in 2006 as a result of floods - Exclusion of STFI perils (Storm, Tornado, Flood and Inundation) - Complainants were in knowledge of exclusion of STFI perils as they were provided with copy of policy - Nothing prevented them from either..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Law as to : (i) Cases involving criminal offence not fit to be referred to mediation ; (ii) case u/s 138 of NI Act can be referred to mediation if parties are interested in referring the matter for mediation; (iii) it can be done only for the limited purpose of arriving at a settlement..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of three cheques - Cheques issued towards payment of supply of yarn to accused - All the cheques dishonoured even on repeated presentation - After presentation of cheques in first time complainant sent a letter informing accused about dishonour and requesting him to settle the amount - Said letter was marked by..........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power of Magistrate - S.323 Cr.P.C confers on Magistrate power to commit a case for trial to a Sessions Court at any stage of proceedings, if it finds that case is one ought to be tried by Court of Sessions - Contention that invocation of power u/s 323 Cr.P.C after framing of charge would..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife already getting Rs.10,000/- as maintenance under PWDV Act - However, wife not getting any amount to meet out expenses of proceeding - Counsel fee quantified at Rs.10,000/- and miscellaneous expenses at Rs.5000/- - Application u/s 24 of the Act partly allowed directing husband to pay Rs.15,000/- to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Motor Accidents Claims Tribunal is not a financial adviser or chartered accountant to advice a person on how one's money deserves to be spent even if spending spree is profligate - Due to this uncaring and irresponsible order passed by Tribunal, petitioner has to approach High Court at much time and expense..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Complainant had not mentioned any date, month or year in complaint as to when alleged loan had been given to accused - He had also not mentioned anything with regard to agreement and receipt of amount - Moreover, complainant had also not examined any witness to prove receipt of amount -..........
