Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 50% of cheque amount - Accused was unable to comply with the condition and delay occurred in the process of making arrangement to pay 50% of cheque amount - 20% of cheque amount was deposited by accused - Lower appellate Court thus, directed to condone the delay of 59 days, number..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 50% of cheque amount - Accused was unable to comply with the condition and delay occurred in the process of making arrangement to pay 50% of cheque amount - 20% of cheque amount was deposited by accused - Lower appellate Court thus, directed to condone the delay of 59 days, number..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem Court fee - Plaint rejected as plaintiff failed to deposit ad valorem Court fee despite granting two opportunities - However, considering nature of litigation, it is in the interest of justice that case is decided on merits and therefore, impugned order set aside subject to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - All spot witnesses have feigned ignorance about exact spot position and its vicinity also gives rise to suspicion in prosecution story - More so, there is unexplained entries in NCB form - Serious discrepancies were found in official records including NCB Form, resealing certificate and time..........
Civil Procedure Code, 1908, Order 38, Rule 1 -- Arrears of rent - Defendant directed to deposit the rental arrears failing which he will lose opportunity of defending the case - Order of trial Court, upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in seven cases - Concurrent running of sentences - Accused is languishing in jail since 7.11.2017 and in none of cases provisions of S.427 Cr.P.C was taken note by Courts below - Sentences passed in all the criminal cases u/s 138 of the Act would..........
Matrimonial dispute -- Deposit of amount - When there is no settlement in between the parties, Court shall not accept any deposit in the name of either of parties - In such event, deposit shall be made in the name of concerned Family Court or Matrimonial Court - Family Court or Matrimonial Court can release the amount in favour of either of the parties - Deposit be..........
Agreement to sell -- Specific performance - Refund of advance amount - Suit filed by plaintiff was barred by limitation - Plaintiffs are not entitled to a decree for refund of Rs.1 lakh with interest - However, since plaintiff had spent money in obtaining approval of layout plans and defendant had sold most of suit property and plaintiff have deposited Rs.31,45,000 in..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Court can suspend sentence during pendency of appeal without deposit of 20% of amount of fine/compensation in an exceptional case - If Appellate Court comes to conclusion that it is an exceptional case and that imposing condition to deposit of 20% amount..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence without imposing condition of deposit of 20% of compensation amount without there being a plea by accused - When an accused seeks a blanket order of suspension of sentence then Court has to consider whether the case falls in..........
