Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Continuing offence from 16th day of receipt of demand by drawer if amount remains unpaid - But only one complaint is maintainable - Repeated, multiple or successive complaints in respect of same cheque - Not permissible...........
Land Reforms Act, 1961, Section 22, 142 -- Person in occupation of land as a tenant not to be evicted except on grounds enumerated - Decree for possession of suit land obtained in 19S8 stood nullified as respondent in possession on the date of Act coming into force in 1965 - Execution had taken place in 1967 - Eviction was clearly in violation of Section 22(1) of the Act -..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Complaint against partners - Firm not a party - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque - Can be presented any number of times within a period of six months from the date on which it is drawn or within the period of its validity, which ever is earlier - Cause of action arises only on issuance of notice and non payment within 15 days - When notice is issued and payment is not made offence stands..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Notice - Service of notice is essential to constitution the offence...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque issued by the attorney - Principal is liable as the principal is always bound by the act of his or her attorney so long the attorney does not exceed his right - In the instant case no material is on record to hold that attorney acted beyond his power - Held, complaint cannot be quashed...........
Civil Procedure Code, 1908, Section 142, Order 34, Rule 7, 8 -- Suit for redemption - Preliminary decree - Omission to mention that suit was for redemption and decree was to be drawn in terms of O.34.R.7 - Accidental slip purely formal and technical - Court can correct it any time either on application or on its own motion...........
Negotiable Instruments Act, 1881, Section 142(c) -- Pleading - Just because the complaint does not contain the averment that, that Court has jurisdiction, itself is not sufficient to hold that the complaint is liable to be rejected...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Jurisdiction - Agreement to sell - Non payment of the balance amount in time - Parties agreeing to cancel the agreement and refund the amount received - Three cheques issued - Presented at Amritsar and dishonoured - Jurisdiction of Court at Amritsar challenged an the plea that property is situated at Delhi, cheques were..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Fine - Magistrate of the first class is empowered to impose a fine exceeding Rs.5, 000/-for offence u/s.138 of the Act...........
