Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Abeyance of - Prayer for extension of time to pay compensation awarded by Court below - Cheque is dated 30.05.2007 and sum covered by instrument is Rs.90,000/- - Held, such being the case, normally, further extension of time cannot be granted - However, Magistrate concerned..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438 -- Dishonour of cheque - Anticipatory bail - Non-bailable warrant issued by Magistrate - Petitioner apprehending arrest in execution thereof - Anticipatory bail application filed by petition before High Court - Held, normally person against whom warrant is issued has to approach the..........
Consumer Protection Act, 1986, Section 21(b), 27 -- Execution of order - Revision against - No relief was sought by the Respondent for refund of the development charges - Petitioner had only asked for the refund of the security deposit of Rs.20,100 along with interest which has already been refunded to the respondent - Fora below have erred in directing the petitioner to..........
Registration Act, 1908, Section 17, 34(3), 35(3)(a), 71 -- Refusal to register - If the satisfaction as required u/s 34(3) is not recorded, or u/s 35 (3), (a) when the executant denies execution; or (b) when the person admitting the document appears to be a minor, idiot or a lunatic, or (c) if the executant is dead and his representative or assigns denies its execution,..........
Registration Act, 1908, Section 17, 35(3)(a) -- Power of attorney executing a document but principal denying its execution - By executing power of attorney principal does not lose the right to deny execution - When principal himself denies executing before the Registering Officer when the document is presented for registration by a power of attorney, a Registering Officer..........
Consumer Protection Act, 1986, Section 21(b), 27 -- Execution of order - Revision against - No relief was sought by the Respondent for refund of the development charges - Petitioner had only asked for the refund of the security deposit of Rs. 20,100 along with interest which has already been refunded to the respondent - Fora below have erred in directing the petitioner to..........
Criminal Procedure Code, 1973, Section 456 -- Restoration of possession - Mode of execution of order of restoration of possession - Held, as per S.456 Cr.P.C. Court is empowered to order restoration of possession to aggrieved person, after evicting by force, if necessary, either accused, his legal representatives or any other person who may be in possession of the..........
National Security Act, 1980, Section 3(2) -- Preventive detention - Petitioners were producing synthetic ghee which activity was danger to health of general public - Preventive detention order issued against petitioner - Writ challenging detention order at pre-execution stage - Held, Court has very limited scope in regard to Judicial scrutiny of detention order at..........
Registration Act, 1908, Section 35 -- Registration of a document - Registering Officer shall not inquire whether the executant of the document has executed with a willing mind or not nor he is supposed to inquire about the truth or falsity of any recital in the deed etc. - Registering Officer has to satisfy himself only about the execution of document by the person..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof of - In addition to the insufficiency of funds, to return the cheque, bank had stated that the `signature differ' - Execution is also in dispute - Opportunity to cross-examine complainant was not given to accused - Held, prejudice was caused to the revision petitioner because of denial of..........
