Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Expression District Magistrate (DM)/Chief Metropolitan Magistrate (CMM) as appearing in S.14 of the Act shall deem to mean and include Additional District Magistrate and Additional Chief Metropolitan Magistrate for purposes of S.14 of the Act - Additional..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Rate of rent between parties is Rs.2 lakhs per month which is not specifically denied by tenant - Nothing on record to prima facie substantiate the submission made by tenant that he paid the rent regularly - Even if Rs.15 lakhs paid by tenant to landlord as security as alleged by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is proved beyond doubt that there was a legally enforceable debt inasmuch as complainant had given earnest money vide agreement and had also further given an amount vide writing as additional earnest money - Issuance of cheques in question or signature on them have not been disputed - It is not case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Even if a cheque is a security cheque, the same is an integral part of commercial process and same acts as a deterrent for drawer against dishonouring his financial commitment and can also be used towards discharging liability of drawer...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Merely suggesting to complainant that cheque was given as security is not sufficient to rebut statutory presumption which is in favour of complainant...........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Imprisonment in default of security - Petitioner executed bond u/s 110(e) Cr.P.C for a period of six months - Pending the period of bond petitioner involved in another case and was arrested - Magistrate without issuing any show cause notice and without giving opportunity of hearing to petitioner mechanically passed an..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Date, month or year of advancing loan not pleaded - In cross examination complainant stated that amount was given in 2002 but complaint was filed in the year 2012 as such there was difference of ten years - No written document with regard to lending money - Amount admitted to be given in the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Quashing of complaint - Complaint cannot be quashed on this ground at the threshold - It is a ground to be gone into at trial - Petition for quashing dismissed...........
Service -- Misconduct - Removal from service - Delinquent being male Head constable entered Mahila Barrack in the midnight - He was apprehended inside Mahila Barrack by six female constables - Such an indisciplined conduct leading to compromising security of occupants of Mahila Barrack cannot be tolerated - Disciplinary authority justified in imposing punishment/penalty..........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Order of attachment was passed on very same day on which notice calling upon defendant to furnish security was served that too without giving sufficient opportunity to defendant to respond to said notice as required U.O.38.R.5(1)(b) CPC - There is thus, non-compliance..........
