Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once complainant has brought forward his case by giving his affidavit about the issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as to, on what point he wants to cross examine the witness(es) and then only..........
Agreement to sell -- Specific performance - Bona fide purchaser - Clear variance between statements and evidence of PW1 and PW2 ascribing knowledge/notice to subsequent purchasers regarding agreement to sell - Subsequent purchasers even disputed said fact by stating that that they were not aware of agreement more so, when they already had an agreement in their favour from..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Successive presentation within validity period of cheque is permissible - However, once demand notice is issued, thereafter no presentation is permitted...........
Special Marriage Act, 1954, Section 5 -- Notice of intended marriage - Petitioner was married earlier and took a divorce in UK Court, as he is a British citizen - He wanted to remarry and hence submitted a notice of intended marriage under the Act - Grievance of petitioner is that marriage officer/respondent is not acting upon notice - Direction issued to respondent to..........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge u/s 338 IPC - Accused had sufficient notice of allegations of negligence against him during trial - There will not be any prejudice caused to him - Omission to frame charge u/s 338 IPC not fatal...........
Negotiable Instruments Act, 1881, Section 138(c), 139 -- 138(c) Proviso - Dishonour of cheque - Notice not issued by authorised representative of Bank - He had neither personal knowledge of facts nor produced original file - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant was an illiterate lady and accused was an educated person - PW1 spoken about lending of money and presentation of cheque - Duty is thus, cast upon accused to establish how his personal cheque went to the hands of complainant - No explanation is forthcoming from accused - Neither accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice - Serving the notice at the address of drawer whether it is received by him personally or his agent or any adult member in that address or even refused to receive is a sufficient compliance of service...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Demand notice - Service of notice - If a drawer of cheque is a Company or partnership firm, notice should be served on Company in writing as mandated u/s 138(b) of the Act - Proof of that service can be only acknowledgement of serving the notice on representative of company is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice - Seal of first accused/partnership firm is affixed and a representative of first accused have signed postal acknowledgement card - Notice sent to second accused same person in the said address had signed and fixed seal acknowledging the receipt of notice - Affixture of..........
