Limitation Act, 1963, Section 19 -- Fresh period of limitation - Provision of S.19 of the Act provide fresh period of limitation, which is founded on certain facts, i.e., (i) whether payment on account of debt or of interest on legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy, (ii) an acknowledgement of the..........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Cause of action - Suit for compensation and damages - Plaintiffs have based their claim on acknowledgement of liability and agreement to pay amount in question, which was allegedly made within limits of Court at place `I' - On account of failure and refusal of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Notice - Returned due to unavailability of addressee - Notice sent to accused through registered post on his correct address - Once notice has been sent by registered post with acknowledgement, it must be presumed that service is made effective - Service of notice has to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 318 gms heroin - Discrepancy in weight of seized samples - Samples from all 21 packets were drawn and their approximate weight was 1.4 gms each - However, weight of samples were 357 milligrams to 615 milligrams when it reached to FSL - There is no evidence to show that samples were all along..........
Will -- Attestation - S.63(c) of Succession Act require an acknowledgement of execution by testator followed by attestation of Will in his presence - Acknowledgement may assume the form of express words or conduct or both, provided they unequivocally prove an acknowledgement on part of testator. (Succession Act, 1925, S.63(c)...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay in filing complaint - Complainant in his complaint specifically narrated circumstance that despite repeated requests to postal department, no acknowledgement of notice was furnished - It was in these circumstances complainant issued a second notice - Complainant indicated adequate and sufficient..........
Limitation Act, 1963, Section 18, 19 -- Acknowledgement - Borrower paying installments of loan upto 08.07.1983 and acknowledged loan amount on 12.02.1985 and again on 06.07.1986 - Period of limitation extends from date of acknowledgement...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper executed by accused - Signatures on said document admitted by accused - However, accused attempted to suggest that his signatures were available on blank stamp paper with PW2 - This suggestion is too remote and too uncertain to be accepted - No..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper - Said writing not bearing signatures of complainant - Said writing is not in the nature of bi partite agreement to be signed by the parties thereto - It is a writing in the nature of acknowledgement by accused about existence of a debt; about..........
Agreement to sell -- Specific performance - Service of notice and reply notice - Plaintiff did not produce postal acknowledgement in proof of service of notice to defendant - He himself admitted that he did not receive reply notice - No service effected upon defendant - Service of notice upon defendant and issuance of reply notice by defendant not proved - Suit for..........
