Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Merely because drawer issues a notice to drawee or to bank for stoppage of payment, it would not preclude an action u/s 138 the Act by holder of cheque...........
Contempt -- Encroahment in Kamla Nagra Area - Issuance of notice - It is apparent from status report that encroachers are being regularly prosecuted and challaned under provisions of law - Even, affidavit states that `civic authorities will ensure all efforts to keep Kamla Nagar and surroundings free of encroachment by taking regular action for removal of encroachment..........
Registration Act, 1908, Section 17(1)(c) -- Memorandum of deposit of title deeds - Does not require registration, if it is a simple document depositing title deed as a security - But when it authorized the lender to take action for recovery of money on the basis of such deposit of title deed, it requires registration and stamp duty...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Amendment sought for setting up counter claim - However, application for amendment and counter claim filed after five years of framing of issues - Sufficient explanation not given for such long delay - Moreover, said application is filed with..........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Maintainability - Suit by a lender for recovery of balance amount of money out of amounts lent to defendant - Amount claimed in suit would be the balance due at the foot of account after taking various repayments by defendant - Cause of action in plaint would not conclude with original/historical agreement..........
Service -- Disciplinary proceedings - Illegal sanction of cash credit facility - Reinstatement sans full back wages - List of witnesses and copies of documents not furnished to appellant - Disciplinary authority holding all charges to be proved against appellant without giving an opportunity to appellant to show cause in the matter - Neither enquiry officer nor..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mis-description of boundaries - Boundaries would prevail over survey number and extents and same can be corrected for no change of boundaries - Moreover, it would not change or alter the nature of suit or against the action - No prejudice will be caused to defendants - Impugned order of trial Court..........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Cause of action - Court cannot refuse to exercise jurisdiction on the ground that a substantial part of cause of action does not arise within its jurisdiction...........
Civil Procedure Code, 1908, Section 20(c) -- Cause of action - Has no relation whatsoever with the defence set up by defendant nor does it depend upon character of relief prayed for by plaintiff - In ascertaining as to whether or not concerned Court has territorial jurisdiction, Court should take the facts pleaded in support of cause of action into consideration without..........
Civil Procedure Code, 1908, Section 20(c) -- Cause of action - In a contract, there may arise various kinds of causes of action - Amongst others, the place where the contract is made, or where in the performance of contract any money was expressly or impliedly payable, would form, a part of cause of action...........
