Consumer Protection Act, 1986, Section 23 -- Mediclaim insurance policy - Duty to disclose material facts by insured - Analysed - (i) Duty to disclose material facts at the time of making the proposal; (ii) material fact in a case depend upon health and medical condition of the proposer; (iii) Specific answers be made to specific queries; (iv) If a column is left blank, in..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonor of cheque - Presumption - Appeal against acquittal - No valid documentary evidence produced by complainant for substantiating legality or existence of any legally enforceable debt or other liability on part of accused - Even, said debt/liability is not reflected from relevant balance-sheet which was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - It cannot be said that accused issued cheque in question in discharge of his legally enforceable debt or liability - Even, complainant failed to establish his case and therefore, there is no illegality committed by trial Court in acquitting accused - Accused rightly acquitted...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 504 -- Summoning of additional accused - Offence u/ss 307, 504 IPC - Accused was not only named in the FIR but he was also assigned a role in the incident - Testimony of PW1 and PW2 being indicative of complicity of accused and in particular their statements at the time of incident, accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - If Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases Magistrate can examine documents to be satisfied that there are sufficient grounds for proceeding u/s 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202(2) -- Dishonour of cheque - Examination of witnesses on oath - S.202(2) Cr.P.C is inapplicable to complaint u/s 138 of N.I Act in respect of examination of witnesses on oath...........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Evidence of complainant by way of affidavit - There is no reason for insisting on evidence of witnesses to be taken on oath...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A cheque given as a gift and not for the satisfaction of a debt or other liability, would not attract the legal consequences of the provision in the event of its being returned for insufficiency of funds...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Legally enforceable debt - Whether there is outstanding debt at the time of drawing of cheque or includes drawing of a cheque for a debt that is incurred before the cheque is encashed - Once payment becomes due, complainant is entitled in law to present the cheque for payment - Merely..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director or a Director - It has to be determined if conditions in S.141 of the Act have been fulfilled i.e. whether the individual was in-charge of and responsible for the affairs of the company during the commission of the offence...........
