Tender -- Estoppel - Once the respondent/bidder had participated in the tender process being fully conscious of the terms and conditions of auction notice, he was estopped from taking a U-turn so as to question the legality or validity of the terms and conditions of auction notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Summoning of accused - Courts must satisfy fulfillment of primary conditions before issuing summons and fulfillment of these conditions must be mentioned in the summoning order itself Viz: (i) Cheque must be presented to the bank during its validity; (ii) payee or holder, in due course, must give a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Commercial quantity - Accused had spent about 2 years in custody - Investigation already stands concluded and challan stands presented - Conclusion of trial will take some time - Without commenting on merits of case, keeping in view the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties have amicably resolved their disputes and their affidavits to this effect are already on record - Last payment of Rs.10 lakhs has been made and accepted by wife - Marriage dissolved on the conditions agreed between parties...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Compromise underwent procedural delays due to various adjournments and subsequent loss of original compromise - However, fresh compromise application identical to original was submitted and verified by trial Court fulfilling all the requirements of O.23.R.3 CPC - Terms..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Imposition of conditions are not warranted when sufficient cause has not been shown for condoning the delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Imposition of conditions are not warranted when sufficient cause has not been shown for condoning the delay...........