Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of documents - Case fixed for arguments - Documents in question are statement of account being maintained by public bank in usual course of its business - Documents are necessary in order to prove transactions between parties for showing existing..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Issuance of notice to an authorized representative of bank was not enough to satisfy mandate of S.7(5)(b) Proviso IBC - IBC being substantive legislation relating to application filed by bank u/s 7 IBC thereof, notice to cure defects therein necessarily had to be given under said provision..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - When operation of specific orders directing furnishing of bank guarantee and issuing conditional warrants of arrest were passed, there was no blanket stay granted on continuation of execution proceedings - Executing Court, therefore, was fully competent to proceed further with execution and to issue..........
Civil Procedure Code, 1908, Order 21, Rule 43 -- Execution - Attachment of bank account - Bank account of Judgment Debtor cannot be attached anywhere by way of digital banking - First of all it is to be seen that where the property of JD is situated...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Plaintiffs seek blanket permanent injunction to restrain defendant bank from interfering with their peaceful possession and enjoyment of property - Suit cannot be maintained since such a blanket prayer for permanent injunction cannot be granted - However, it is always open to plaintiffs to modify the prayer..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is earning Rs.46,941 p.m and is employed as a Government teacher - Whereas husband is earning Rs.35,000 p.m and is employed as an Accountant at District Cooperative Bank - Wife has responsibility of looking after their son, who is approximately 12 years old - She currently receives Rs.1,000 for her personal..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Cash transaction - Merely because a person is not able to prove transfer through official modes i.e. through any negotiable instrument or bank transaction would not lead to conclusion that such amount was not paid through cash, especially when there was a categorical statement to this..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Specific stand of plaintiff that he has paid Rs.30,80,000 to defendant pursuant to promissory note - Onus would be on defendant to dispel such fact - Merely because plaintiff is not able to prove transfer through official modes i.e. through any negotiable instrument or bank transaction..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Salary of husband is Rs.40,000 per month which is corroborated by his Bank statements - Considering the totality of circumstances and husband's financial situation with no specific details of expenses of wife proved, quantum of maintenance is hereby modified to Rs.10,000 per month to wife and..........
Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35 -- Auction sale - Dispute regarding priority of charge over property - Held, it would be appropriate that High Court first deals with issues raised by Axis Bank that it has first..........
