Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non appearance of complainant - Dismissal in default and acquittal of accused - No mention in order that accused was present on that day - If complainant is absent on a particular day and his presence on that day is quite unnecessary then resorting to the step..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357, 421 -- Dishonour of cheque - Fine and compensation - Recovery of compensation gets precedence over recovery of fine - If amount recovered is insufficient to meet both, amount recovered must first be applied in payment of compensation and action be taken to recover balance amount -..........
Criminal Procedure Code, 1973, Section 427, 428, Indian Penal Code, 1860, Section 64, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23 -- Conviction u/s 21 & 23 of NDPS Act - Imprisonment in default of payment of fine - Where two sentences of fine are imposed and two defaults in respect thereof committed, defaulting convict has to undergo two separate..........
Insurance claim -- Salary Savings Scheme - Repudiation - Ground that premium not deducted from the salary by department and deposited -Held that if Employer commits default in payment of premium, insured cannot be blamed in view of the salary saving policy - In case of non-collection of premium, L.I.C is required to intimate the assured - This was not done -Insurer liable..........
Hire Purchase agreement -- Default in payment of instalments - Re-possession of vehicle - If agreement permits the financier to take possession of the financed vehicle, there is no legal impediment on such possession being taken - However, hirer can avail such statutory remedy as may be available - Mere fact that possession has been taken is not a ground to contend that..........
Constitution of India, 1950, Article 226 -- Public interest litigation - Contractual Matter - Scope of interferrence - High Courts interference in contractual matters in PIL styled a petitions, deprecated - Higher purchase agreement between financier and hirer - Clause in contract to re-possess vehicle in case of default by hirer - High Courts entertaining writ petitions..........
Housing -- Enhanced price - Delayed payment - Interest - Agreement does not provide for charging of compound interest - On the additional price for the period of default, the opposite parties can only charge simple interest...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- `Cause of action' - Is a bundle of facts which are required to be proved for obtaining relief and for the said purpose, the material facts are required to be stated but not evidence except in certain cases where the pleadings relied on are in regard to misrepresentation, fraud, wilful default, undue influence or of the same..........
Punjab Land Revenue Act, 1887, Section 16 -- Appointment of Lambardar - Petitioner appointed by Collector - Appeal before Commissioner by respondent dismissed - Entertained review application without serving fresh notice to petitioner - Commissioner accepted review & reversed previous order - Revision filed by the petitioner dismissed by the predecessor on account of..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal - Dismissal for default - Restoration - Application filed within 30 days - Appellant ill and failure to inform counsel - Application dismissed on the ground that if one appellant was ill other could appear - Held, it is always in the interest of justice that matter should be adjudicated on merits - Appeal ordered to..........
