Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan of Rs.10,00,000/- - Source of income - Non-filing of income tax return - Non filing of Income Tax Return by itself does not mean that complainant had no source of income - No adverse inference can be drawn in this regard only because of absence of Income Tax Return...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.Ten Lakhs - Compensation of Rs.12,69,000/- awarded after adding interest @ 9% from the date of issuance of cheque till date of delivery of judgment by trial Court - Held, said compensation shall further carry interest @ 9% per annum from the date of judgment of trial Court till actual payment..........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 302, 379, 447 -- CCTV footage - Absence of certificate u/s 65-B of Evidence Act - Murder and theft case - Accused allegedly came to Finance company and wanted a jewel loan - However, gold chain brought by accused was imitated one - Both PW8 and PW9 employees of company have stated that police brought accused..........
Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2 -- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to..........
Agreement to sell -- Specific performance of contract - Readiness and willingness - Plea of LRs. of defendants that plaintiffs repaid the loan amount - However, evidence shows that amount was paid by plaintiffs to defendants towards consideration for sale and not for loan amount - Moreover, paying of entire amount of consideration for sale shows willingness of plaintiffs..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Friendly loan of Rs.15 lakhs by Income Tax practitioner to his client - Blank signed cheque issued for its repayment - Loan advanced not by cheque or demand draft or RTGS and without obtaining any writing to this effect - Such loan not shown in the income tax return of complainant - Held, (a)..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband is conductor of magic taxi - However, taxi of husband seized by Finance company due to no, deposit of installments, as he had taken the taxi on loan - Husband has no means, as he could not even retain his vehicle and was unable to pay installments - Total amount outstanding..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan of 15 lakhs - Presumption - Rebuttal - Source of funds - Complainant in his cross examination deposed that earlier accused had furnished two cheques of Rs.5 lakhs and another for Rs.10 lakhs - Nothing mentioned in complaint regarding these two cheques - Nothing stated by complainant in regard..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Some amount paid - Cheque issued towards remaining loan amount - Provision of S.138 of the Act is applicable even in a case where cheque is issued for discharge of liability or debt in whole or in part...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Source of money - There is no statutory requirement for complainant to prove his source of money and/or ability to advance loan...........
