Showing : 1381-1390 of 3895 Results

KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof - Accused admitted borrowing of money from complainant - She stated that debt was discharged but complainant had retained cheques demanding more amount - She never took some precautionary measures like issuing stop memo to bank etc. - Further, accused did not responded..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 118-- Dishonour of cheque - Conviction - Both Courts below have found that complainant has proved due execution and issuance of cheque - There was no attempt from the side of accused to rebut the presumption available u/ss 139 and 118 of NI Act to complainant - On receiving statutory notice accused..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Limitation Act, 1963, Article 54-- Suit for specific performance - Agreement to sell - Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, right to claim..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Complainant was not alive to prove execution of cheque and passing of consideration - There was only evidence of father of complainant whose evidence cannot, according to accused, be accepted - Original cheque was not produced before Court - For proper..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 151, Article , Order , Rule , Limitation Act, 1963, Section 5, Article , Order , Rule -- Execution - Delivery of property - Application for - Delay in filing - Condonation - Application filed for delivery of property U.O.21.R.95 CPC - Said application dismissed for not taking appropriate step as ordered by execution Court - Subsequent application moved for delivery beyond period of..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption as to - Held, presumption u/s 139 will arise only when execution of cheques is proved - When complainant miserably failed to produce vital and relevant documents, though summons was issued and inspite of the fact that complainant has claimed that such documents..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Registration Act, 1908, Section 34, 35-- Sale deed - Registration - Sub Registrar can refuse to register sale deed when an order to maintain status quo regarding possession had been passed by the competent Court when there is clear recital in the sale deed that possession forming the subject matter of sale is delivered to the plaintiff -..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - No evidence what so ever adduced by complainant to prove the actual lending of money and due execution of cheque - Held, Court below is perfectly justified in finding that preponderance of probabilities lies in favour of the case advanced by defence -..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Agreement to Sell-- Specific performance - Limitation period - Specific date stipulated for execution of sale deed in agreement to sell - Defendant failed to execute sale deed on stipulated date in terms of agreement - Held, cause of action arose on stipulated date - Suit filed after expiry of more than three years..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Contract Act, 1872, Section 126-- Bank guarantee - Equitable mortgage - Denied by defendants - Defendants contended that bank fabricated all the documents by utilizing the signed blank papers taken from them by the bank - Defendants admitted forwarding of title deeds but pleaded that those were only for scrutiny but for what..........

Showing : 1381-1390 of 3895 Results