Moratorium -- Interest during moratorium period - Supreme Court directed that there shall not be any charge of interest on interest/compound interest/penal interest for the period during moratorium and any amount already recovered under the same head shall be refunded to concerned borrowers and to be given credit/adjusted in the next installment of the loan account...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.30 lakhs - Source of loan - Source of money not proved - Defence of accused that he issued cheque as a financial assistance in 1993 is probable - Though cheque is proved but accused successfully rebutted presumption and it has been established that there was no valid consideration for..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Loan amount - Source of money - Prima facie it is irrelevant as to where plaintiff had sourced his money from, to lend same to defendant, as long as otherwise plaintiff has discharged his onus qua execution of pronote and receipt etc. to advance loan to defendant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Admittedly, accused has not taken any appropriate steps to secure back his blank cheque alleged to have been given by him to complainant at time of loan transaction - Had he really issued a blank cheque as a security in previous loan transaction, accused should have necessarily taken appropriate steps..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Money suit - Concurrent findings of both the Courts below being finding of facts that plaintiff had ability to provide loan of Rs.1 lakh to defendant and having held so both the Courts below decreed the suit in favour of plaintiff, cannot be interfered by High Court in exercise of its jurisdiction u/s 100 CPC -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque alleged to be issued for repayment of loan - However, accused contended that he had not taken any loan as alleged and that blank cheque signed by him was given by way of security which has been misused by complainant company - When accused pleaded that cheque was given..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Time barred debt - Quashing of summoning order - Whether transaction is time barred or not has to be considered only after trial not at preliminary stage or at the time of taking cognizance - Petition for quashing held, dismissed...........
Criminal Procedure Code, 1973, Section 216, 217 -- Addition of charge u/s 420 IPC - Dishonour of cheque - Entire complaint was for dishonour of cheque which was issued by accused against loan taken from complainant - Charges u/s 138 of N.I. Act is made out against accused - There is no specific averment in the complaint itself that such loan was availed by accused on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused by leading his evidence and also producing several documents and also through cross examination of PW1 could successfully rebut presumption formed in favour of complainant - Even, complainant failed to prove loan transaction between himself and accused - Both Courts below erred in appreciating..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter and divorced wife - Husband earning Rs.62,400 p.m - Mere fact that Rs.15,000 deducted to GPF and Rs.10,000 deducted to recovery of loan from salary of husband, he cannot be permitted to ignore his responsibility for maintaining his divorced wife and daughter on the ground of inadequacy of carry home pay,..........
