Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Govt. undertaking - Complaint filed by Branch Manager - No power of attorney executed in favour of Branch Manager on the date the complaint was filed - Power of attorney was executed in favour of Branch Manager much later of filing of the complaint - No clause in power of attorney ratifying the earlier..........
Limitation Act, 1963, Article 5 -- Limitation - Suit for rendition of accounts - Period of limitation for filing suit for rendition of account is three years from the date of dissolution - Firm dissolved in the year of 1984 by virtue of death of a partner - Suit could only have been instituted within a period of three years from that event - Suit filed in the year 1996 is..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 122(C)(6) -- Cancellation of allotment of land - Limitation - Authorities initiated the proceedings for cancellation of allotment on the basis of report of Lekhpal after 13 years from the date of allotment - Though there is no limitation fixed for initiation of proceedings under UPZALR Act, however,..........
Indian Penal Code, 1860, Section 447, 427, 294, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 447, 427, 294, 506, 34 IPC - Quashing of FIR - Complainant was not sure about the date of commission of alleged offences - No reason given for delay of 39 days in lodging FIR - Allegation levelled by complainant that accused demolished the boundary wall..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - No case of prosecution that any of condition so stipulated while granting bail has been violated or there has been infraction of any of conditions so imposed - In the absence of there being a strong prima facie case on the conditions of bail having been violated, it would not be appropriate for said..........
Lease -- Legal heirs of original lessee did not take steps for renewal by filing an application after determination of lease in 1965, much less 3 months prior to expiration of terms as required under Clause 14 of lease deed - However, such renewal was sought only in 1972 that too by one of lessees by filing renewal application, which is not adjudicated or disposed of till..........
Consumer Protection Act, 1986, Section 2(c) -- Consumer complaint - Insurance - Concluded contract - First Premium Receipt - Containing number of policy and showing next premium date - Receipt would justify drawing of presumption of acceptance of policy and not otherwise...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration and permanent injunction - Plaintiff deliberately did not pray for cancellation of sale deed since the limitation for filing a suit for cancellation of sale deed is 3 years, whereas, suit has been instituted after about 9 years from the date of execution of sale deed - Suit filed by plaintiff is nothing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Demand notice - 20.09.1995 is the date of refusal to receive notice as per postal endorsement - 15 days fell on 05.10.1995 - Complaint filed on 05.10.1995 - Complaint should have been instituted on or after 16th day - Acquittal calls for no interference...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree against dead person - Executing Court has jurisdiction u/s 47 CPC to take cognizance of undisputed fact that on the date of decree, suit was no more as it stood abated by operation of law...........
