Agreement to sell - Essential ingredients are : (a) Parties to the agreement should be clear; (b) Subject matter of the agreement has to be clear; (iii) total price payable has to be clear; (iv) price whether payable in lump sum in advance or partly in advance and partly at the time of execution and registration of sale deed. (2016(2) Civil Court Cases 394 (Delhi)
Civil Procedure Code, 1908,Ss.148, 151 - Enlargement of time - "not exceeding thirty days in total" - Enlargement of time, whether one time or phased, cannot exceed thirty days - Time beyond maximum thirty days can be extended u/s 151 CPC, if act could not be performed within thirty days for the reasons beyond the control of the party. (2016(2) Civil Court Cases 521 (S.C.)
Criminal Procedure Code, 1973, S.439(2) - Cancellation of bail - S.439(2) Cr.P.C. empowers the Court concerned to cancel the bail though phrase 'cancel the bail' is not mentioned in it. (Kerala) 337
Dishonour of cheque - Notice - No demand made for payment of cheque amount - Notice not valid - Complaint is not maintainable. (2016(2) Civil Court Cases 489 (Kerala)
Hindu Marriage Act, 1955, S.13-B - Divorce by mutual consent - Fraud or misrepresentation - Recall of decree - Mere allegation of fraud or misrepresentation not sufficient unless established by tangible evidence on record in support thereof - Decree cannot be recalled on the mere premise that parties were not living separately. (2016(2) Civil Court Cases 409 (Rajasthan) (DB)
Indian Penal Code, 1860, S.419 - Cheating by personation - Prosecution has not led any evidence as to how and in what manner I.O was cheated by accused by impersonation - Prosecution failed to prove case against accused u/s 419 IPC - Accused acquitted. (2016(2) Criminal Court Cases 348 (H.P.) (DB)
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