Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Prosecution of partners - Quashing of proceedings - When cheques in question came to be dishonored for which complaints have been filed are admittedly signed by original accused No.3 accepting personal liability to pay said amount to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of Cheque - Legally enforceable debt - Proof of - Accused admitted in his cross-examination that he has business dealings with complainant firm and has purchased feeds and various chemicals from complainant firm and sold the same to various customers - He also admitted that cheque belongs to his account and he..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Provisional rent assessed - Not tendered on the date fixed - Date extended - Rent tendered on the adjourned dated - Question as to whether an ejectment order can be passed when tenant tenders rent on the adjourned date and no objection is raised? - Held, Yes...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), Constitution of India, 1950, Article 226 -- Question of fact - Writ jurisdiction - The fact as to whether the account of the petitioner's factory had become a no, performing asset or not - Held, is a question of fact which cannot be adjudicated in a writ..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Plaint - Amendment - Suit for specific performance - Alternative relief - Plaintiff is seeking by way of amendment of plaint, alternative relief of compensation in case Court were to come to the conclusion that relief of specific performance could not be granted - Court below while..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque whether issued in the personal capacity or as proprietor of the business concern - Production of account books - Account books need not to be produced when neither any question is asked during cross examination nor such documents were sought to be produced...........
Indian Penal Code, 1860, Section 34, 149 -- Distinction between the two provisions - Common intention denotes action in concert and necessarily postulates the existence of a pre arranged plan implying a prior meeting of minds, while common object does not necessarily require proof of prior meeting of minds or pre-concert - Though there is substantial difference between the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Contention of applicant that at the time of execution of sale-deed entire agreement amount i.e. Rs.5,56,000/- has been paid to seller before witnesses and cheque in question was given to seller in advance which he had assured to..........
Right to Information Act, 2005, Section 8(1)(d), 8(3) -- Right to information - Exemption from disclosure - There is no prohibition from disclosure of question papers, model answers (solutions to questions) and instructions if any given to the examiners and moderators after the examination and after the evaluation of answer scripts is completed, as at that stage they will..........
Right to Information Act, 2005, Section 9 -- Right to information - Exemption from disclosure - Institute of Chartered Accounts of India - It is a `State' as it is a statutory body created by Chartered Accountants Act, 1948 - Information as to question papers, solutions/model answers or other instructions - Prepared by third party - Copyright therein is assigned in favour..........
