Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Admission of handing over signed blank cheque - Handwriting expert to know as to whether cheque was filled up not by drawer but by some other person - Immaterial - Presumption which arises on the signing of cheque cannot be rebutted merely by the report of a hand-writing..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Agreement to sell entered into in between the parties in the year 2016 - Complainant failed to make entire payment towards purchase of bungalow to appellant in accordance with terms of contract - Almost 16 years have elapsed since parties entered into contract - It would be too much at this point of time to..........
Stamp Act, 1899, Section 33, 35, 38, 39 -- Deficient stamp duty - Penalty - Parties entered into an agreement to sell without having knowledge of amendment carried out by State of Punjab - Amount of deficient stamp duty comes to Rs.6 lakhs approximately - No material on record that plaintiff intentionally tried to evade payment of stamp duty or tried to cause loss to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - Magistrate imposed total imprisonment of 56 months for failure to pay monthly maintenance amount of Rs.2000 - Failure of husband to pay maintenance of Rs.2000/- appears to be on account of financial constraints which is evident from fact that husband has served sentence of..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in different cases - Court may direct subsequent sentences to run concurrently with previous sentence as per S.427 Cr.P.C - Taking into consideration of facts of case as also quantum of cumulated sentences passed against accused, sentences imposed upon accused shall run..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Claim of damages - Trial Court declined to grant a decree for payment of damages as prayed by plaintiff - Said denial of payment of damages has never been subjected to challenge by plaintiff - Plaintiff ought to have questioned such denial of payment of damages by filing an independent appeal - Having not done so,..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Rate of rent between parties is Rs.2 lakhs per month which is not specifically denied by tenant - Nothing on record to prima facie substantiate the submission made by tenant that he paid the rent regularly - Even if Rs.15 lakhs paid by tenant to landlord as security as alleged by..........
Insolvency and Bankruptcy Code, 2016, Section 8, 9 -- Corporate Insolvency Resolution Process (CIRP) - An operational creditor can only trigger CIRP process when there is an undisputed debt and a default in payment thereof - If the debt is disputed, application of operational creditor for initiation of CIRP must be dismissed...........
Insolvency and Bankruptcy Code, 2016, Section 9 -- Corporate Insolvency Resolution Process (CIRP) - It is not the object of Code that CIRP should be initiated to penalize solvent companies for non-payment of disputed dues claimed by an operational creditor...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Deficiency in service - Consumer Forum which has a limited jurisdiction to find out if there was any deficiency in service, could not have allowed complaint on the basis of sketchy pleadings supported by doubtful evidence - Since there was no categorical evidence of any deficiency in service..........
