Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 2(b) -- Basic wage - Definition of basic wage under the Act cannot be equated with definition of `minimum wage' under Minimum Wages Act - When EPF Act contains a specific provision defining `basis wage' then there is no occasion to travel to the Minimum Wages Act to give it a different connotation...........
Money suit -- Recovery suit for money based on dishonoured cheques - Cheques in question were dishonoured for insufficiency of funds - Notice issued by plaintiff was not replied by defendant - PW2 who was a witness to transaction found to be reliable witness and nothing has been brought to notice of Court to discredit the witness - Trial Court rightly rejected the defence..........
Indian Penal Code, 1860, Section 420, 406, 409, 465, 467, 468, 471, 34 -- Cheating - Quashing of FIR - Allegations against management of bank alleging acts of cheating and misappropriation of funds - FIR was lodged by appellant on the basis of inspection report of auditor - S.81(5-B) of Maharashtra Co-operative Societies Act does not contain any express or implied bar..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff though stated in plaint that he was ready and willing to perform his part of contract but there is no averment to said effect in his deposition - Even, there is no averment in plaint and in evidence that plaintiff had requisite funds or that he had offered the same to defendant who refused..........
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...........
Agreement to sell -- Specific performance - Readiness and willingness - Readiness is the capacity to raise funds and willingness is mental attitude of plaintiff - Both go together and if same is not established on record, then relief of specific performance cannot be granted...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has made no attempt to raise funds to pay remaining portion of sale consideration within the period of agreement - Even, at the time of filing suit or after filing of suit, no attempt was made by plaintiff to show that he has capacity to pay balance sale consideration and to get sale deed..........
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 - Defendants contended that plaintiff was not having sufficient funds to pay balance sale consideration - Contention has no substance as plaintiff successfully established her readiness and willingness to perform her part of contract by paying balance sale consideration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of security cheque - Accused failed to produce evidence to prove that cheque was issued as security in favour of complainant - However, complainant successfully proved on record that cheque was issued by accused in discharge of his lawful liability but same was dishonoured on account of..........
