Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - S.138 of the Act only requires sending of `notice in writing' - It does not say that it should necessarily be sent by registered post A.D. - Sending of telegrams after dishonour of cheques demanding payments, is sufficient compliance of requirement of law that complainant should give notice in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Mere fact that surname of proprietor is wrongly mentioned, it cannot be said that notice is bad, particularly, when notice is correctly issued to proprietorship firm which issued the cheques...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Registered A.D notice served upon accused and this fact is proved by post office - Although accused denied that he has signed delivery list, still this document is given from records of post office maintained in ordinary course of business - Official acts can be presumed to have been regularly..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Non-service of summons - Order refusing to grant opportunity to lead evidence by defendant in support of said application - Report of refusal made by Postman is not absolute and it is rebuttable - Evidence can be led by defendant to show that report was falsely made and infact he did not..........
Prevention of Corruption Act, 1988, Section 13, Criminal Procedure Code, 1973, Section 362 -- Offence u/s 13 of Act - Trial Court deferred taking cognizance under the impression that sanction u/s 19 of Act is required - There was no decision much less conclusive decision taken by Court - It was only in the nature of reminding the duty of I.O to meet certain requirement for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued but proceedings not initiated - Cheque presented for the second time and again dishonoured - Proceedings initiated on the basis of dishonour of cheque for the second time - Held, complaint is maintainable. (2013(3) Apex Court Judgments 489 (S.C.) : 2013(4) Civil Court Cases 293 (S.C.) :..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Principles governing - (i) Protection of sanction is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability - However, authority cannot be camouflaged to commit crime; (ii) Once act or omission has been found to have been committed by public servant..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Fake encounter or death caused by torture by police officers - Prima facie version of prosecution is found to be correct that since it is a case of fake encounter there is no requirement of sanction - However, it would be open to accused persons to adduce evidence in defence and to submit such other..........
Money suit -- Contract for work - Work order entrusted to plaintiff by defendant - Though invoices for payment were raised against company and not against defendants but defendants were related to said company - Legal notice was also sent to defendant but no reply was given - Defendant held, liable to pay the amounts mentioned in said invoices - Suit rightly decreed in..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Secured creditor is entitled to proceed only against secured assets mentioned in notice u/s 13(2) of Act - However, in terms of S.13(11) of Act, secured creditor is also free to proceed first against guarantors or sell the pledged assets - But such guarantor,..........
