Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Earlier loan of Rs.40,000/- - Plea that cheque issued was one issued as security in the discharge of that liability and such cheque was misused by complainant to make it appear that there was a subsequent transaction - Accused successfully rebutted the presumption -..........
Civil Procedure Code, 1908, Order 21, Rule 58, 97 -- Execution - Attachment of property - Objections - Objector being mother of JD well aware about factum of attachment and was present at the time of attachment - However, objector filed objections after lapse of 2 years - Objector relied upon un-registered and insufficiently stamped gift deed purportedly executed by JD in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) To reject a plaint on the ground that suit is barred by any law, only averments in plaint to be referred to; (ii) Defence made by defendant in the suit must not be considered while deciding merits of application; (iii) To determine whether a suit is barred by res judicata, it is necessary..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Earlier suit was not decided when subsequent suit was filed - Plaint, on the face of it, does not disclose any fact for rejection of plaint on the ground that it is barred by principle of res judicata...........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Undertaking given by a party should be seen in the context in which it was made and (i) the benefits that accrued to the undertaking party and (ii) the detriment/injury suffered by the counter party - Normally the question whether a party is guilty of..........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Subsequent conduct - Very determination of an act of contempt cannot simply be based upon subsequent conduct - However, it is open to Court to see whether subsequent conduct of alleged contemnor would tantamount to an aggravation of contempt already..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Buyer and seller, both filed suits, with respect to agreement to sell - Order of status quo passed in suit filed by buyer - An order passed in the subsequent suit filed by seller restraining buyer from causing any interference and encroachment over the suit property in any manner - There has to be..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit of examination-in-chief - Once filed cannot be withdrawn - Deponent may file an affidavit subsequent to it and to add or supplement facts - Provision of O.18.R.4 CPC does not limit to file a single affidavit - However, deponent not be allowed to keep on filing fresh affidavits to keep improving his case..........
Consumer Protection Act, 1986, Section 12 -- Allotment of residential flat - Non-delivery of possession - Interest on refund of consideration amount - Subsequent purchaser who steps into shoes of an original allottee of a housing project on which builder has not honoured its commitment to deliver flat is entitled to relief of interest on refund of consideration amount...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/ss 420, 467, 468, 471, 120-B IPC - Quashing of summoning order - Trial Court had not only taken cognizance of offence but also rejected the discharge application filed by accused - High Court in view of subsequent development after rejection of discharge application, should not have interfered in said..........
