Negotiable Instruments Act, 1881, Section 138 -- Notice - Death of payee within two days - Complaint by L.R's - Not maintainable - Drawer could not comply with the notice to make payment within 15 days - The liability to search and find out the legal heirs to pay the amount covered by the cheque to them within the period of 15 days prescribed is not obviously be read into..........
Malicious prosecution -- Damages - Reasonable and probable cause to be proved - Reasonable and probable cause means a genuine belief based on reasonable grounds that the proceedings are justified - No action lies for the institution of legal proceedings, however malicious, unless they have been instituted without reasonable and probable cause - Burden of proving absence of..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Once issued, though unserved, complainant forfeits his right to present the cheque again - If notice issued within time and the same is not served for any reason, complainant is not bared to issue another notice even though it exceeds the period of fifteen days - Presentation of cheque again on the ground that..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Educational matter - Industrial Training Institute - Nominal fee of Rs. 15/- charged - Stipend of Rs. 75/- and Rs. 45/- is paid to Scheduled Castes and General category students - Students cannot be said to be consumer rather the appellants are discharging legal functions of the State - Order of the District..........
Consumer Protection Act, 1986, Section 14(1),(d), Transfer of Property Act, 1882, Section 3,6 -- Medical Negligence - Legal representives - Right to sue - Transferability of - Complainant filing complaint alleging medical negligence - Dying during pendency of complaint on account of some other cause - Legal heirs continuing with the complaint - Whether right to sue..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Amount deposited by complainant on 10.2.1995 in compliance of award of Workmen's Compensation Commissioner - Claim made from OP insurance company and a legal notice also issued on 21.7.1997 - Complaint filed on 3.3.1998 - Plea of the OP that complaint barred by limitation repelled - The cause of action held to be..........
Consumer Protection Act, 1986, Section 13 -- Procedure - Array of party - Preliminary objection regarding - Under the Act too technical a view of such legal nature that OP has not been arrayed properly cannot be taken - This Act aims at better protection of the Consumer and in the particular case the complainant himself filed complaint without any legal aid...........
Penal Code, 1860, Section 405,409 -- Criminal breach of trust - To constitute an offence of criminal breach of trust, there must be an entrustment, there must be misappropriation or conversion to one-s own use, or use in violation of illegal direction or of any legal contract; and the misappropriation or conversion or disposal must be with a dishonest intention...........
Penal Code, 1860, Section 463 -- Forgery - Expression 'intent to defraud - - The expression 'intent to defraud - implies conduct coupled with intention to deceive or thereby cause injury - Defraud involves two conceptions namely, the deceit and injury to the person deceived, that is infringement of some legal right possessed by him but not necessarily deprivation of..........
Insurance claim -- Maruti omni van - Accident of - Repudiation - Ground that driver was holding licence for driving Scooter/Motor Cycle/Car/Jeep only which did not authorize him to drive Maruti Omni Van - Held that legal position has been well settled that the Maruti Omni Van being included in the light motor vehicles and a person holding a licence to drive the light motor..........
