Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Principal sum admitted by defendant - However, interest part disputed by defendant - Interest has to be awarded separately - Plaintiff held, entitled to Rs.4 crores on admission together with 6% simple interest from date of decree...........
Service -- Overseas deputation - Suit for recovery of amount spent by employer on overseas deputation - No material evidence on record to indicate that appellant was sent on deputation - Transient business visit without any written agreement detailing terms of deputation will not qualify as a deputation unless employer were to lead cogent evidence to indicate that..........
Negotiable Instruments Act, 1881, Section 118 -- Suit for recovery based on dishonoured cheque - When there is an admission regarding issuance of cheque in connection with a money transaction either as security or in lieu of cash, initial onus lies on plaintiff to prove due execution would stand discharged - Presumption available u/s 118 of the Act including one that..........
Negotiable Instruments Act, 1881, Section 118 -- Suit for recovery based on dishonoured cheque - Amount covered by cheque comes to Rs.17,50,000 for which no satisfactory evidence was adduced by plaintiff regarding its source - In absence of satisfactory explanation as to how plaintiff has raised such a huge amount, it would go against the presumption that can be drawn u/s..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Recovery suit - Substantial questions raised are only pertaining to appreciation of evidence on record - Findings of first appellate Court dismissing suit based on the admissions of PW2 are not perverse - There is thus, no substantial question of law involved in the appeal - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend granted - Challenge as to - It is for trial Court to exercise its discretion to ascertain as to whether or not, evidence is required to be adduced qua money claims to be adjudicated by way of trial - No irregularity in impugned order and thus, no interference warranted in impugned order of..........
Civil Procedure Code, 1908, Section 102 -- Second appeal - Recovery suit - Suit filed for recovery of Rs.40,910 - However, decreed amount is below Rs.25,000 and recovery is only for Rs.19,625, which is below the limit as prescribed u/s 102 CPC - Even, second appeal has no merit which would require consideration as a substantial question of law - Second appeal dismissed..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Defendant directed to furnish bank guarantee by way of security till disposal of case - However, defendant wants to furnish collateral security of equivalent value in lieu of bank guarantee - Since defendant is willing to deposit title of property owned by him worth of which is..........
Civil Procedure Code, 1908, Order 21, Rule 58, 97 -- Execution - Attachment of property - Objections - Objector being mother of JD well aware about factum of attachment and was present at the time of attachment - However, objector filed objections after lapse of 2 years - Objector relied upon un-registered and insufficiently stamped gift deed purportedly executed by JD in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Proceedings also initiated under Punjab Co-operative Societies Act - If a civil suit for recovery is filed it does not preclude the lender from initiating proceedings u/s 138 of the Act and vice versa - There is thus no question of accused having been prosecuted twice and consequently..........