Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 15 cases - Concurrent running of sentence - Three different corporate entities - Sentence in cases dishonour of cheques relating to single loan transaction shall run concurrently - However, this concession is not applicable when borrowing company..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction - Payment of rent - Willful default - Proof - Defaulted period not disputed by petitioner/tenant - Only defence taken by him is that as per sale agreement he can pay rent in lump sum at the time of execution of sale deed and therefore, default was not willful - But there were three more..........
Indian Contract Act, 1872, Section 126 -- Contract of guarantee - Default by principal debtor - Right of creditor to proceed against surety - Held, in case creditor finds that principal debtor has committed default as a result whereof liability has accrued, it is not necessary that creditor must proceed first against principal debtor or to give a notice to it but creditor..........
Indian Contract Act, 1872, Section 126 -- Contract of guarantee - Default by principal debtor - Liability of surety - Held, mere renewal of FDRs does not mean renewal of contract of guarantee between surety and creditor - After expiry of period of contract of guarantee there was no occasion for Bank to proceed to retain FDRs of plaintiffs/surety as a collateral guarantee..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Mere no, filing of chemical examiner's report would not make charge-sheet incomplete - Thus, accused would not be entitled to be released on bail u/s.167(2) Cr.P.C. on ground of charge-sheet being incomplete...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Wrong noting of date by counsel - Affidavit of counsel is sufficient - Counsel is not expected to place on record the copy of his case diary or the photocopy of brief - Petition restored...........
Haryana Urban Development Authority Act, 1977, Section 15 -- Allotment of plot - Default in payment of installments - Resumption notice - Service of - Allotment letter was received by petitioner on same address on which notice before resumption was issued to him - Competent authority, who passed resumption order, appellate authority as well as revisional authority have..........
Haryana Urban Development Authority Act, 1977, Section 15, 17 -- Allotment of plot - Resumption order - Validity - Petitioner failed to pay remaining 75% amount after allotment of plot - No application before competent authority seeking extension of time - He remained silent for five years - Held, since default is willful, prayer made by petitioner to accept balance amount..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Validity - Appellant was not present in second sitting and did not appear till 5:45 P.M. - When appellant had gone in search of his advocate, it was not possible for him to remain present in second sitting - Held, matter could have been adjourned to another day -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of contraband - Commercial quantity - Conviction - Modification of sentence - While convicting appellants for offence u/s.20(b)(ii)(C) of the Act trial Court imposed minimum sentence of RI for 10 years and Rs.1,00,000/- as fine and in default of payment of fine to undergo further RI for..........
