Foreign Exchange Management Act, 1999, Section 3(2) -- Scope - Act is complete Code in itself - Long title of the Act indicates that it is an Act to consolidate and amend law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India - Act provides..........
Limitation Act, 1963, Article 65 -- Suit for declaration based on title - Defendants denied title of plaintiff on the basis of decree by which the title passed on to them - Plaintiff could not claim title unless the decree was set aside - Limitation to challenge decree is three years of the passing of the decree or from the date of knowledge...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Mis-description of complainant's company in cause title of petition of complaints is merely a bona fide typographical mistake which does not touch merits of the case - Held, error in cause title of petition of complaints cannot be said to have vitiated proceeding and accordingly question of..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - First Appellate Court has recorded arguments of both sides on the question of title but did not return any finding on the same either in favour of plaintiffs or in favour of defendant and allowed appeal only on the ground that since plaintiffs are using property in dispute for more than 20 years, hence,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought with regard to the title of the land in question which has been disputed by the opposite party - No issues framed with regard to the title of the property - No finding recorded - Matter needs a fresh decision - Impugned order set aside - Matter remanded for decision afresh in accordance with law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Petition to amend schedule of property by describing it in detail and to add some parties and also to change alphabets of the title of some of the parties - Amendment sought to remove twin objection of non-joinder of necessary parties and non description of suit property taken in written statement - By..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of payee - Complaint filed by his son - Non mention in complaint (1) as to when payee died; (2) Except in title nowhere stated by complainant how is entitled for the cheque amount; (3) Who are the legal representatives of deceased; (4) Whether prior to death any Will was executed by deceased or..........
Evidence Act, 1872, Section 65 -- Secondary evidence - If documents appear to be in possession of the opposite party then secondary evidence can be allowed - Bare denial by the opposite party that it did not have the original document does not disentitle the plaintiff to prove his title by way of secondary evidence - Evidentiary value and weight of evidence led as..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Plaintiff in possession - Interference by defendant in the physical possession of suit property - Possession substantiated by documentary proof executed in favour of plaintiff viz. General Power of Attorney, Deed of Agreement, Will, Receipt and Affidavit - In a suit for injunction question of title does not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by wife and minor son - Minor son not a party to the proceedings - Held, if wife has no independent income or support and for litigation expenses and also maintaining her minor child, her right to claim maintenance includes the right to claim maintenance of minor child - It is immaterial if there is absence..........
