Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Central Service Co-operative Bank - Plea that Co-operative Bank does not fall within definition of `Banker' u/s 3 of the Act as it is not licensed by Reserve Bank of India - Supreme Court has emphatically held that essence of "banking" lies in the acceptance of deposits from the public repayable on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Withdrawal slip drawn on a co-operative Bank - Plea that instrument in question cannot be treated as a cheque is devoid of any merit - Substance of transaction, and not its form or nomenclature, is determinative - If the instrument operates as a mandate for payment drawn on an account maintained with an..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Quashing of complaint - Dishonour of cheque whether on account of `insufficient funds' or on account of freezing of account of petitioner - It is a matter of trial - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Quashing of complaint - Though Court concerned may sift evidence for purpose of inferring prima facie case but certainly, it cannot appreciate evidence adduced on record rather that can only be appreciated by trial Court in totality of evidence..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Once marriage inter-se husband and wife is admitted and no legal/valid document with regard to subsistence of earlier marriage of wife ever came to be placed on record, complaint filed u/s 12 of the Act at the behest of wife is maintainable...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Transaction out of which complaint arises is regarding a deposit made by appellant with Bank - There is no dispute that such deposit was made and Bank had agreed to pay interest - Thus, to that extent bank is service provider and appellant a service recipient qua Bank's contractual obligation to pay interest..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Banking service - Merely because a fixed deposit receipt earns interest does not mean that banking service availed is for a commercial purpose - However, if deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Maintainability - Banking service - Complaint allegations is that Bank had acknowledged FDR and had accounted for interest payable thereon but instead of releasing maturity proceeds in favour of appellant, it had set up a subsequent contract of pledge of that FDR for according overdraft..........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Perjury - In every inquiry u/s 340 Cr.P.C./S.379 BNSS, Court is not bound to make a complaint regarding commission of an offence referred to in S.195(1)(b) Cr.P.C., as S.340 Cr.P.C. is conditioned by words "Court is of opinion that it is expedient in the interests of justice"...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Service of accused not yet effected - Complaint restored...........
