Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional claims - Presence of additional claims in the demand notice would not negate its validity, provided cheque amount is specified...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional claims - If in a notice while giving breakup of claim, cheque amount, interest, damage etc., are separately specified, notice will not be bad - However, if, in the notice, an omnibus demand is made, without specifying what was due under the dishonoured cheque, notice would be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice should be for cheque amount - If no such demand is made, notice would fall short of its legal requirement...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Allotment of poultry farm - Both the Courts below elaborately discussed the evidence led by parties and during inspection, no poultry farm was found running - There was no chicks in it - Notice was given to plaintiff on violation of conditions mentioned in lease deed..........
Railways -- Demand for penal freight for excess weightage detected in a consignment - Show cause notice - On raising such a demand when excess weightage has been detected at the time of off-loading, it would be practically difficult, if not impossible, for Railways to issue a show-cause notice to consignor or consignee and to hold a mini-trial to determine the question of..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Show cause notice is essential before forfeiting surety bond...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit - Notice to defendant - It is necessary for Court to issue notice to defendants when application is filed for restoration of suit and after hearing them to pass necessary orders on application for restoration petition...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Suit filed after a lapse of 28 years from the date of execution of agreement - Plaintiff stated in his plaint that he continued to pursue the agreement but on denial of defendants registered notice was given to them in the year 2020 - He thus, created cause of action for..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor children - Husband despite service of notice and without valid reason did not appear - Court after taking into consideration entire facts and circumstances, passed the order for payment of interim maintenance - Impugned order not on higher side and is fair and reasonable - Maintenance..........
Criminal Procedure Code, 1973, Section 340 -- False affidavit - No iota of evidence in reply to application about filing of false affidavit - Filing of wrong affidavit was not intentional - Moreover, there were number of FIRs registered against petitioner for which petitioner was called - Regarding any other act cause of action would not be to file a petition u/s 340..........
