Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - An offence u/s 138 of the Act has five components: (i) drawing of cheque, (ii) presentation of cheque to the bank; (iii) returning of cheque unpaid by drawee bank; (iv) giving notice in writing to the drawer of cheque demanding payment of cheque amount; and (v) failure of drawer to make payment within..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought for addition of some more properties and also to correct extent of properties already included - Mistake as in suit property, omission and also error in the extent, came to notice of plaintiffs as stated during discussion with new counsel - Amendment sought does not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of two witnesses - Application filed on the ground that loan was advanced to accused in the presence of two witnesses - However, since the very beginning complainant was aware of the fact that he had given loan to accused in the presence of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Acknowledgment of loan by petitioner is well proved - Even issuance of cheque has not been challenged - Neither receipt of legal notice has been denied, nor was legal notice replied back by petitioner - Minor contradictions in deposition of PWs are inconsequential - Even mentioning of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Notice was refused to be accepted by defendant - It was bounden duty of process server to affix notice in terms of O.5.R.17 CPC - Same having not been done, service cannot be termed to be proper - As regarding delay in filing..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Suit dismissed at the initial stage on the ground that Court fee was not deposited - Sufficient ground is made out for condonation of delay - Suit was not admitted as yet - There is thus, no need for issuing notice..........
Criminal Procedure Code, 1973, Section 362 -- Review - Order accepting final report - Procedural/review/recall of order accepting final report is permissible where no notice was served upon first informant despite being statutory mandate...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - More than three cheques - Single complaint in respect of dishonour of more than three cheques is maintainable if a consolidated notice of demand is served upon accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Joint demand notice - Single complaint - Complainant has issued and served upon accused a joint notice of demand in respect of all the four cheques in question - Thus, a single cause of action arose in favour of complainant for filing a complaint against accused upon expiry of 15 days from the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for investigation - Written notice or furnishing of copy of petition or report of Public Prosecutor u/s 36-A(4) of the Act to accused or his engaged counsel is not compulsory - However, accused or his counsel must be present personally or through virtual mode at the time of..........
