Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Permanent alimony - J.D. if not the owner of properties whose list is furnished by D.H. then the same cannot be attached - J.D. living in U.K. - Court gave liberty to D.H. to file a fresh execution petition as and when any particulars of J.D. regarding his address in India or any property in India comes to notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mentioning of wrong cheque number in complaint and/or legal notice - Other factors are also required to be seen - Original cheque was placed on record and the same was exhibited - Cheque as well as signatures on cheque admitted - Mentioning of wrong cheque number in the complaint or in the legal notice..........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114(f) -- Notice sent by registered post to correct address - Same when received back with postal endorsement with regard to non service of any reason, except incorrect address shall be treated sufficient service of notice...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Loan transaction - Complainant established the fact that cheque was issued by accused and cheque was dishonoured for reason "Funds insufficient" and statutory notice was sent to accused - Accused failed to rebut statutory presumption either by cross-examination of complainant's..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - `Giving of notice' and `receipt of notice' is in relation to presumption of service u/s 27 of General Clauses Act which would attract only on proof by complainant by producing postal receipt which would clearly establish that postal cover was correctly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque -Application to send disputed cheque for FSL - There is an overwriting in two documents, which are copies of notice sent by complainant, but record does not give any indication of record having been manipulated in Court, and at best, can be a correction made by complainant at time when notice was sent to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte temporary injunction - Notice received after passing of the date of hearing has no legal sanctity - Moreover, purported receipt of registered envelope by defendant cannot be treated to be a proper service in the eye of law - Service thus, was not properly effected and date of hearing also abruptly changed by..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Peremptory direction against third party which goes to his very livelihood and that too, without even issuing any notice to the appellant is clearly unjustified - Such direction vacated...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - Bar of limitation - Two Cheques dishonoured on 31.03.2020 and 22.04.2022 - Issued notice of demand on 22.04.2022 and itself delivered on 22.04.2022 - Complaint filed on 10.06.2020 - Delay of 1 day - Complaint not barred by limitation in view of directions passed that period..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by Registered post - Service of notice upon accused cannot be denied in the light of S.27 of General Clauses Act, as per which, a presumption is raised in favour of complainant that notice had, in fact, been delivered...........
