Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Legality of - Cheques were issued for discharging legally enforceable debt under promissory notes - Cheque dishonoured for "funds insufficient" - Statutory notice was issued by respondent/complainant to accused - Accused received the said notice - Neither he sent any reply nor he repaid the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant stated that whenever he gave clothes to respondent on credit, he used to obtain a cheque from him in lieu thereof and as soon as he used to get back price of clothes he used to return cheque to respondent - In same commercial relationship he had received cheque in..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/s.118 and 139 - Legal and enforceable debt - Petitioner/accused neither issued any reply to statutory notice nor cross-examined complainant - He did not let in oral evidence by way of examining defence witness and did not produce any documents - Held, presumption u/s.118 and 139..........
Negotiable Instruments Act, 1881, Section 138, Bombay Money Lenders Act, 1947, Section 3 -- Dishonour of cheque - Legally enforceable debt - Dishonour of two cheques alleged to have been given by accused for repayment of loan amounts of Rs.2,00,000/- and Rs.1,00,000/- - Transactions of huge amounts were in cash and promissory notes stipulating interest were got executed -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused borrowed Rs.44 lakhs - There is no evidence that they have repaid the amount and their evidence is that they have issued cheque and a civil case has been filed and decree would have been obtained - Furthermore, at the time of availing loan, petitioners have furnished property as security, which..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Insufficient funds' - Accused purchased pesticide and issued cheque - To prove this complainant proved on record copy of account book maintained by the complainant - Presumption can well be drawn that cheque was issued in discharge of legally enforceable debt - Conviction calls for no interference...........
Agreement to sell -- Specific performance - Partnership property - Two of the partners out of 15-16 partners entering into oral agreement to sell - Agreement not ratified by other partners of the firm - Held, agreement to sell not enforceable against partnership firm - Relief of specific performance in absence of express authority of other partners to sell firms property..........
Service -- Inter-departmental communications and notings in departmental files do not have the sanction of law, creating a legally enforceable right...........
Service -- Members of respondent Union claimed regularization of services on the ground that they had been working for Border Roads Organisation for a considerable period of time - High Court directed Union of India to regularize services on the basis of memo which was merely in the nature of an inter departmental communication - Order of High Court set aside - Held, that..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Determination - Accused had purchased goodwill of complainant in partnership and it was agreed that accused should refund advance amount paid to landlord - Held, it becomes liability on part of accused due to complainant - It cannot be said that cheques in question are..........
