Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Only requirement is that it should be a notice to demand cheque amount which was returned without realisation and there is no requirement to narrate under what circumstances cheque was issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non reply to demand notice - It is not mandatory or compulsory, on the part of accused, to reply statutory notice but its purpose is to advance his defence and make complainant to know about the defence...........
Negotiable Instruments Act, 1881, Section 98(c) -- Suit for recovery on the basis of dishonoured cheque - When cheque is dishonoured for insufficiency of funds, drawer is not entitled for a notice of dishonour, as provision of S.98(c) of the Act provides that no notice of dishonour is necessary when party charged could not suffer damage for want of notice...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Complaint u/s 498-A IPC filed by wife does not loses its significance merely because it was filed after receiving divorce notice from husband...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff averred and established that he sent a letter through registered post with receipt and served a legal notice through his counsel upon defendant requiring him to execute the sale deed - He also established that he kept the balance sale consideration to be paid to defendant in the shape of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In bank memo reason for dishonour of cheque mentioned `account blocked' - However in notice and complaint reason for dishonour of cheque is mentioned as `Insufficient funds' - There is significant defect in complaint as cause of action of dishonour of cheque is wrongly mentioned - Cause of action shown..........
Agreement to sell -- Specific performance - Readiness and willingness - Issue decided against plaintiff by holding that plaintiff had not given notice to defendant whereas plaintiff in his pleadings and in evidence clearly stated that he had asked several time to the defendant for execution of sale deed - Trial Court wrongly decided the issue - Suit decreed - Defendant..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife stated before Family Court that she does not wish to lead her evidence in support of her defence - However, no explanation whatsoever provided by wife to justify her reneging from said statement - Though wife stated that said statement was made by her on the wrong advice of..........
Criminal Procedure Code, 1973, Section 401(2), 156(3) -- Revision - High Court allowed revision with a direction to register FIR but proposed accused not served with notice of revision proceedings - Impugned order set aside - Matter remitted back to High Court for decision afresh in accordance with law...........
Rent and Eviction -- Non-payment of lease rent - Cultivating tenants themselves admitted that they had given a legal notice showing their readiness and willingness to pay lease rent amount - Therefore, they cannot take a plea that they were handicapped due to COVID-19 Pandemic - Default is of at least three years and time given of two months was not per se inadequate -..........
