Showing : 1861-1870 of 4378 Results

ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 441, 446-- Personal bond - Forfeiture of - Requirement of notice - Held, it was obligatory on court to give a notice calling upon appellant to pay penalty or show cause as to why it should not be paid - Without doing so, it was not open to court to impose penalty and recover same...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Can be ordered only when Court is satisfied that either the defendant is purposefully avoiding receipt of summons or having regard to the facts of the case it is not possible to serve the notice - Substituted service cannot be ordered merely on the ground that premises was..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - To constitute the offence, ingredients required to be fulfilled are : (i) a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account; (ii) The cheque should have been issued..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13-- New building - Exemption from applicability of Rent Act - Defendant failed to prove that shop was constructed in 1994 and not in 1996 - Defendant failed to prove that shop was given on rent for more than 10 years prior to filing of the suit as such Rent Act is applicable - Tenancy was terminated..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Arbitration agreement - Construction of contract - (i) the terms of the articles of agreement will prevail over the terms of Notice inviting Tenders for Works and (ii) the term contained in the cyclostyled attachment to the printed form of articles of agreement will..........
MADRAS HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Quashing of - Cheque in question pertains to account maintained by petitioner in her bank - Cheque contains her signature - Said cheque when presented for encashment was returned unpaid with a dishonour note "funds insufficient" - Statutory notice was also given..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand of Rs.90, 000/- whereas cheque amount was Rs.60, 000/- - Demand was not of cheque amount - Demand not made in terms of mandate of Act - Notice drafted by the Advocate - But Advocate not examined as witness to prove the contents of the said notice - Held,..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 446-- Recovery of amount of personal bond as penalty - Requirement of notice - Held, before passing order to recover amount of bond as penalty, notice is required to be issued to accused and his sureties to show cause as to why amount of bond be not realized from them as penalty - Passing order to..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 173(8)-- Cognizance taken - Further investigation - Held, further investigation can be directed even when cognizance has been taken and material collected during such investigation has to be brought to the notice of court concerned...........
MADRAS HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - No notice was admittedly sent to petitioner/director before filing complaint u/s 138 of NI Act - Complaint liable to be quashed...........

Showing : 1861-1870 of 4378 Results