Agreement to sell -- Specific performance - Plaintiffs have proved due execution of agreement to sell - Defendants on the other hand could not probablize their defence that agreement to sell was loan document and not the agreement to sell - Defendant nos. 2 and 4 have taken self contradictory stand in their written statement - Loan transaction as alleged by defendant not..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Summoning of accused - Courts must satisfy fulfillment of primary conditions before issuing summons and fulfillment of these conditions must be mentioned in the summoning order itself Viz: (i) Cheque must be presented to the bank during its validity; (ii) payee or holder, in due course, must give a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into the defence set up by defendant in their written statement or application while deciding application U.O.7.R.11 CPC...........
Partition suit -- Entire evidence of suit recorded in the absence of defendant No.3, who is newly impleaded - Defendant No.3 is the legatee under Will as produced by defendants - He would be entitled to file written statement projecting whatever defence that is open to him and also let in evidence - De novo trial of case directed...........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application U.O.9.R.13 CPC - Claim of being alcoholic patient is not a sufficient cause to condone the delay of his inaction in filing written statement - Delay not condoned...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41 -- Contraband - Secret information received by PW2 was limited to anticipation of A-4 carrying contraband from a particular route in an auto rickshaw, remains unchallenged - Accordingly, there was no prior information to the raiding party, including Gazetted Officer that there is contraband in the house of..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit for joint possession as plaintiff failed to challenge mutation - However, plaintiff is neither executant of mutation nor mutation falls within definition of written instrument executed by her - Moreover, in a suit filed by plaintiff, it is not necessary to formally challenge mutation - Order allowing..........
Mutation -- Challenge as to - Mutation is entered by revenue authorities in order to upgrade the revenue record - This is a natural consequence of change of ownership either by way of any written instrument like sale deed, gift deed or on account of succession by virtue of natural succession or Will - It was thus, not necessary to formally challenge mutation in a suit for..........
