Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Ex parte decree of divorce - Setting aside - Service of summons through publication - Summons when received back with endorsement `unclaimed' Court without resorting to provision of O.5.R.17 which provides service by affixation resorted to..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Authority of pleader - Once counsel gets power of attorney/authorization by his client to appear in a matter, he gets a right to represent his client in Court and conduct the case - In instant case, Government pleader was legally entitled to enter into a compromise with appellant and his written endorsement on memo filed by..........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Company - Directors - Quashing of complaint - Intimation of notice given by postal department as notice was not claimed - Notice returned with postal endorsement `not claimed' - Averment in complaint that all the applicants are equally responsible for the offence committed by them and they..........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 114, , Section 27 - - Ex parte decree - Setting aside - Presumption of service of summons - Summons were not sent through post as such presumption of service u/s 114 Evidence Act and S.27 General Clauses Act cannot be raised on the basis of endorsement of refusal by process server - Held, in absence..........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Company - Cheque returned with endorsement that joint signatures are required - Offence u/s 138 of the Act is still attracted as accused cannot avoid responsibility - Complainant did not know that joint signature are required - As per S.139 of the Act it has to be presumed that cheque was..........
Evidence Act, 1872, Section 32 -- Two dying declarations - Material important omissions and contradictions in two dying declarations - On material particulars both dying declarations inconsistent to each other - Both dying declarations thumb marked in a very casual manner and not signed - Doctor deposed that he did not found any burn injuries on fingers to demonstrate that..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 118, 139 -- Accused in business of production of feature films obtained Rs.56,00,000 as hand loan from complainant - Cheque drawn for repayment of loan was returned unpaid with endorsement "Account Closed" - Police after investigation in complaint field charge-sheet - Accused convicted by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured with endorsement (i) refer to drawer or (ii) exceeds arrangement; or (iii) instruction for stop payment and like other usual endorsement - Held, it amounts dishonour within meaning of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque returned with endorsement `refer to the drawer' - Held, prima facie an offence punishable u/s.138 of NI Act is made out when cheque is returned with endorsement `refer to the drawer'...........
Indian Penal Code, 1860, Section 409, 477A, Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 10, Evidence Act, 1872, Section 47 -- Breach of trust and falsification of accounts - Proof - Accused No.1, G.M. of Canbank Mutual Fund (CMF) allegedly with dishonest and fraudulent intention induced CMF to part with Rs.32.50 lakhs by..........
