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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Presumption can be rebutted even by evidence led by prosecution - Not necessary for defence to lead evidence to rebut presumption...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 17, Rule 3 -- Closing of plaintiff`s evidence - Suit for specific performance - After framing of issues before trial Court, matter remained pending for plaintiff`s evidence for 5 years - Agreement in question returned to plaintiff for proper affixation of stamp duty by trial Court but the matter remained pending before competent authority..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Suit for cancellation of sale deed - Issue of possession and appointment of Commissioner to ascertain factum/status of possession is hardly relevant - If a Commissioner is appointed, it would be nothing short of collecting evidence on plaintiff's behalf - Application held, rightly rejected...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 482 -- Proceedings u/s 482 Cr.P.C - Court is not supposed to call for evidence in proceedings u/s 482 Cr.P.C and has to merely adjudge on substantial evidence by way of documents etc., which are before it or based on stands of parties...........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Hand loan - Recovery suit - PW1/power of attorney holder of plaintiff is admittedly father of plaintiff - He had full personal knowledge of entire loan transaction, as loan transaction is routed through him and he was present during course of transaction - Merely because PW1 is a special Power of..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Hand loan - Plaintiff successfully established that defendant had availed a hand loan of sum of Rs.34,000 and defendant failed to repay the same - Defendant though had taken a contention that it was in connection with chit transactions, he had executed demand promissory note and delivered to plaintiff, but he..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 34 -- Interest - Recovery suit - Hand loan - Plaint averment regarding agreement towards rate of interest so also on demand promissory note are silent about same - Introduction of rate of interest at 21% thus, for first time in evidence cannot be believed - Reasonable interest therefore, can be awarded - Rate of interest thus, modified..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Absence of averment in complaint that cheques were issued for the purchase made on credit - However, complainant clearly stated in his evidence that cheques were issued for the commodities purchased on credit - Courts below erred in brushing aside the evidence of complainant on..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Plea that complaint is filed with malafide intention - Can be decided only during trial after giving opportunity to the parties to lead evidence...........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Cheque whether issued to discharge legal liability or complainant used the blank cheque with wrongful intention - It is a matter of evidence which will be adduced during trial...........

Showing : 491-500 of 22173 Results