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SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque - Issuance of post dated cheque does not absolve drawer of cheque of penal consequences of S.138 of the Act...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - If cheque is duly signed by the drawer, it is immaterial that cheque may have been filled in by any person other than the drawer - If cheque is otherwise valid, penal provisions of S.138 would be attracted...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - If a signed blank cheque is voluntarily presented to a payee, towards some payment, payee may fill up the amount and other particulars - This in itself does not invalidate the cheque - Onus will still be on accused to prove that cheque was not in discharge of debt or liability by adducing..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Prosecution based on second or successive default in payment of cheque amount - Not impermissible because no statutory notice was issued after first default and no proceedings had been initiated...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Possession - Plaintiff must show his lawful possession - Plaintiff not paid rent for more than fifteen years cannot be said his possession is lawful possession entitling him to grant of permanent injunction...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Can be granted only to a person who is in actual possession of property...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 101, 102 -- Suit for permanent injunction - Burden of proof lies on plaintiff to prove that he was in actual and physical possession of property on the date of suit...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 17, General Clauses Act, 1897, Section 13 -- Ambit and scope of S.17 of CPC are : (i) The word `property' occurring in S.17 although has been used in `singular' but by virtue of S.13 of the General Clauses Act it may also be read as `plural', i.e., "properties"; (ii) Expression any portion of the property can be read as portion of one or..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

State Financial Corporation Act, 1951, Section 29 -- Sale of assets by Financial Corporation - Pendency of winding up proceedings - Rights of workmen as and when Official Liquidator verified the dues, are fully protected as their rights would be pari passu with rights of Financial Corporation so far as distribution of sale proceeds realised from respondent No.2 to whom..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Shadow witness did not hear conversation between complainant and accused and he reacted only on seeing signal from complainant - Accused therefore, cannot be held liable for illegal gratification - More so, officer granting sanction for prosecution did not appear to testify in this behalf -..........

Showing : 2971-2980 of 58596 Results