Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Limitation of 30 days of issuance of notice - `Information' about dishonour of cheque received when complainant visited the bank - Pleading to this effect in complaint - Memo of dishonour received after seven days - Held, period of 30 days for issuance of notice starts when `information' was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Partners - Pleading that accused Nos.2 to 5, being the persons responsible for the affairs of accused No.1 and also being involved in day-to-day functioning of accused No.1 firm, they are jointly and severally liable to be prosecuted - There is also detailed account regarding the role..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction proceedings - Burden of proof - Held, initial onus to establish ground of eviction as contained in eviction petition is on landlord as it is the landlord who is pleading an exception in form of eviction proceedings under the Act...........
Criminal Procedure Code, 1973, Section 482 -- Complaint filed by appellant, alleging that he had been kidnapped, illegally detained, terrorized and threatened by respondents - Investigation concluded and respondents charge-sheeted only for offences u/ss 323 and 343 of IPC - Application for pleading guilty filed by respondents - Trial Court proceeded in great haste and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of Directors - Pleading - Averments in complaint that accused Nos.2 to 7 are Managing Director/Directors or authorized signatories and responsible persons for day to day act, conduct and affairs of the business as well as the liabilities of the company - Held, it prima facie..........
Indian Penal Code, 1860, Section 96 -- Right to private defense - No special pleading is required - Held, if from facts and circumstances of case accused is able to establish exercise of right of private defence he has to be conferred benefit of same...........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser in good faith - Admission of knowledge of execution of agreement of sale but pleading that the same was cancelled which they failed to prove - Held, subsequent purchaser cannot be accepted as bona fide purchasers...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Eviction - Bona fide necessity - Non pleading of all ingredients - Effect - Held, technicalities are hand maids of justice and they should not be hindrance in imparting substantial justice - Pleading of all ingredients are necessary for any person to seek relief, but at the same time if party..........
Wrong provision of law -- Quoting wrong provision - Effect - Held, while considering any prayer Court has to look into sum and substance of petition and then grant relief - A party taking recourse under a wrong provision of law but pleading all grounds available under law cannot be deprived of his right to claim relief despite the fact that correct provision has not been..........
Electricity Act, 2003, Section 135, 138 - - Theft of electricity - When no, functional meter was removed from writ petitioners' premises meter or its seal was not found to be tampered - After such removal it was not kept in any sealed cover and was immediately sent to supplier company for testing - Meter was to be tested either in Board's lab or an independent lab as..........
