Specific Relief Act, 1963, Section 14 -- Development agreement - Specific performance - It is specifically enforceable unless it falls within the mischief of S.14(1) - Owner can sue for specific performance of the contract and have the land developed...........
Specific Relief Act, 1963, Section 16 -- Development agreement - Specific performance - MOU - Exhaustive - Taking into account not only the reciprocal promises and obligations of the owner and the Developer, but also the rights of the tenants/occupants - Held, it is an agreement upon which an action in law is maintainable - Such MOU itself is specifically enforceable,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Conviction by trial Court - Acquittal by appellate Court - Complainant failed to discharge the burden of proving that amount of cheque was legally recoverable and that he had given the loan to the accused - Several discrepancies in the testimony of the complainant - Held,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Available when there is legally enforceable debt as on date of issuing of cheque - Accused not supposed to prove his defence beyond all reasonable doubt but is only to prove same as probable...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment - By itself does not create a title nor operates to confer any title in the attaching creditor or the attaching authority - It basically prevents a private alienation of the property attached and the property cannot be dealt with to the prejudice of the claims enforceable under the attachment - Essentially, an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or liability - Cheque issued to discharge debt of another person - It becomes a cheque issued in discharge of legally enforceable debt or other liability for the purpose of S.138 of the Act - Accused is liable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Argument made on behalf of complainant, to the effect that cheque of Rs.8 lakhs was given as a one time settlement and that it was a settlement for amount of principal due along with interest - There would be no acknowledgment in so far as interest amount is concerned within a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Appeal against acquittal - Defence of accused was that a blank cheque was stolen by husband of complainant when he was serving as a Supervisor in accused company - Fact that husband of complainant was working in company was not seriously disputed - Record indicates that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred loan - Loan was given on two dates and the last instalment was given on 05.02.1997 - Cheque was issued on 22.09.2000, which is beyond the period of three years - Trial Court held that debt is not legally enforceable debt as recovery of debt was time barred and, therefore, acquitted the..........
Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Presumption - Available only when it is proved that cheque was issued for discharge of any legally enforceable debt or liability...........
