Companies Act, 1956, Section 433(e), (f), 434 -- Winding up petition - Inability to pay admitted debts - Respondent company supplied raw material to appellant Company and there was outstanding balance amount against appellant - Defence taken by appellant with regard to quality of material supplied by respondent being defective was by way of an afterthought, as no document..........
Rent and eviction -- Eviction order - Time to vacate - Tenancy of over two decades - Tenant running his shop from the tenement in question - Tenant already deposited the entire decretal amount - Considering length of occupancy of shop by tenant under terms of lease deed and in order to provide him a reasonable time to set out his house and a consequence of eviction and to..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Penalty - Considering totality of circumstances, out of amounts deposited by appellant, a sum of Rs.10 lakhs is made over to complainants towards element of interest payable in terms of directions issued by State Commission towards satisfaction of all claims of complainants - Rest of amount deposited by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by accused without name of payee which complainant himself filled up and presented in bank for encashment - Cheque amount was payable in terms of a written contingent agreement copy of which is of course not exhibited, in the event of performance of function by artists through one..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Compensation in lieu of sentence - Accused handed over two demand drafts of Rs.7,41,000 in favour of complainant as compensation as he offered to pay twice the cheque amount as compensation in lieu of sentence of imprisonment of one year and Rs.9,000 towards cost of proceedings - Complainant..........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 125 -- Monetary relief u/s 23 of PWDV Act - Adjustment of amount of maintenance granted u/s 125 Cr.P.C - Maintenance allowance granted in previous proceeding is permissible in a subsequent proceeding filed even under different statue but substantially for same relief -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Unsubstantiated allegations levelled by wife against husband - Wife did not want parents-in-law to be maintained from the income of husband - Husband is the only son and an earning members in the family and he is legally and morally bound to maintain his parents - If wife insist on husband to..........
Moratorium -- Interest during moratorium period - Supreme Court directed that there shall not be any charge of interest on interest/compound interest/penal interest for the period during moratorium and any amount already recovered under the same head shall be refunded to concerned borrowers and to be given credit/adjusted in the next installment of the loan account...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No evidence on record to establish that wife has her own source of income - Husband though denied his sources of income as alleged by wife but it was not even case of husband that he has no source of income whatsoever - Amount of Rs.4000/- pm as maintenance pendente lite, determined by Family Court along..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Granted subject to deposit of Rs.1 lakh in Court - While granting default bail, condition of deposit of alleged amount cannot be imposed...........