Showing : 1011-1020 of 4244 Results

MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Sent as per registered post - Received back with postal endorsement "Door locked, Not claimed, Returned to sender" - Notice is presumed to be served - Held, notice is valid...........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - Pleading of readiness - Absence of pleading of willingness - Plaintiff did not mention the fact of his willingness in the plaint, in the notice sent to the defendant, as well as in the application given to the Sub Registrar for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 54, 3, Power of Attorney Act, 1882, Section 2-- Fraud by power of attorney in executing sale deed - If the agent was concealing the fact of sale, the principal could not be presumed to have notice of the transaction of sale - This exclusion is possible only if the other party, who was acting through the agent was himself cognizant of such fraud..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 17, 3-- Registration of a instrument - By itself is a notice and it will be futile for a person to contend that the fact of registered sale deed came to the surface only when the property was acquired and when the award was passed...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Evidence Act, 1872, Section 114(g)-- Adverse inference - Non production of a document - No adverse inference can be drawn against a party for non production of a document unless notice is served and procedure is followed...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 153-- Relief qua a particular khasra number, which was neither pleaded nor any relief was claimed and regarding which no notice u/s 80 CPC as required was issued, cannot be granted u/s 153 CPC as it is not such a defect or error which could be rectified u/s 153 CPC...........
ORISSA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Territorial jurisdiction - Transfer of complaint - Both complainant as well as accused reside in district of Keonjhar - Alleged loan in cash was given by complainant to accused at Keonjhar - Purported cheque given by accused to complainant was at Keonjhar - Complainant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 33, Rule 6, 7-- Suit by indigent person - Procedure - It is mandatory to issue notice of application to opposite party as well to Government Pleader - It is also mandatory to afford opportunity of leading evidence to both parties in proof and disproof of indigency of plaintiff - No such procedure followed by..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Notice - Non-reply to - Effect - Held, silence on part of accused in not replying to statutory notice is a strong circumstance which may reflect falsity of case of accused...........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Complaint filed against petitioner with mala fide intention and oblique motive to unnecessarily harass him - Complainant failed to appear in the case in spite of service of notice upon him twice - Held, entire proceedings liable to be quashed -..........

Showing : 1011-1020 of 4244 Results