Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction & sentence - Sentence till rising of Court with liability to pay compensation of Rs.55,000/- imposed - Petitioner/accused prayed for grant of reasonable time to settle claim of complainant - Held, Magistrate shall keep in abeyance execution of warrant for a period of one month to enable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Execution of sentence - Abeyance of - Sum of Rs.2,70,000/- is involved - Plea that accused is in difficult circumstances and if a breathing time is provided, he would pay off entire compensation - Held, Magistrate directed to keep in abeyance execution of sentence for a period of six weeks..........
Agreement to sell -- Specific performance - Time when essence of contract - Sale agreement containing stipulation that execution of regular sale deed shall depend upon vendee getting satisfied regarding title to land, so also the nil encumbrance - Mode of payment of balance consideration in installments, with date on or before which, each installment was to be payable..........
Contract Act, 1872, Section 51 -- Reciprocal promise - Simultaneous performance - If the contract provides for payment of balance sale consideration on execution of sale deed then purchaser need not pay balance sale consideration if vendor was not willing to execute the sale deed - Similarly the vendor need not execute the sale deed unless the purchaser is ready to pay the..........
Words and Phrases -- Encumbrance - Is a charge or burden created by transfer of any interest in a property - It is liability attached to the property that runs with the land - Mere execution of an MOU, agreeing to enter into an agreement to sell the property, does not amount to encumbering the property - Receiving advances or amounts in pursuance of an MOU does not also..........
Evidence Act, 1872, Section 112, Hindu Adoptions And Maintenance Act, 1956, Section 11, Will -- Proof of - Suspicious circumstances - Attester and scribe of will does not say that will was drafted to the dictation and information of executor - As per their evidence executor having understood the contents affixed his thumb impression - Deceased was suffering from asthma -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - Execution of will and gift deed - Contention that there is no compliance with provisions of S.63 of the Indian Succession Act and S.68 of the Indian Evidence Act - Held, both the courts below have given concurrent finding on this fact - Contention cannot be accepted - No substantial..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption in favour of holder - Execution of dishonoured cheque admitted by accused - Held, presumption as envisaged u/s.118 and 139 of Negotiable Instruments Act is available to complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complaint - Conviction - Validity - Complainant's case that accused borrowed Rs.40,000/- from him and to discharge that liability he issued cheque in question - Specific case of accused that he borrowed only Rs.20,000/- from complainant and issued a blank signed cheque which was misused by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Case of accused that he and complainant were jointly doing contract works of Municipality and in connection with that business he issued a signed blank cheque to complainant, which was misused by him - No evidence was adduced by accused to prove his case - Accused admitted..........
