Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Assets disproportionate to known source of income - Discharge - High Court allowed discharge application of A-2 and dismissed the discharge application of A-1 by not adverting to fact that charge made against A-2 is also of abetting commission of offence by A-1 - Neither any reasons recorded nor application of..........
Negotiable Instruments Act, 1881, Section 138, 118A, 139 -- Dishonour of cheque - Presumption - Accused admitted cheque in question as well as signatures on the same - He also admitted execution of `loan receipt' as well as his signatures and handwriting on the same - In view of admitted facts, petitioner had admitted existence of debt - More so, he failed to rebut..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque has been admitted and it belongs to accounts of accused, then under such circumstances S.139 of the Act raises a presumption of law that cheque which has been duly drawn was given in discharge of debt or liability and burden shifts upon accused to rebut said..........
Army Rules, 1954, Rule 13(3)(III)(v) -- Discharge - Misconduct - Four red ink entries - Appellant was discharged from service after rendering 13 years of service - Offences for which red ink entries are awarded cannot be said to be such gross mis-conduct and/or offences are such which would justify discharge of appellant - Order of discharge is wholly unjustified and not..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Mere fact that bank has assessed financial capacity of plaintiff while granting loan earlier in respect of another property is not sufficient to discharge of proof of financial capacity in facts of the case to hold that plaintiff was ready and willing to perform her part of..........
Criminal Procedure Code, 1973, Section 245, 244 -- Discharge - Accused cannot invoke jurisdiction u/s 245(2) Cr.P.C, unless he appears or is brought before Magistrate - To reach the stage of S.245 Cr.P.C, it is necessary that trial must begin in view of S.244 Cr.P.C, when accused appears or is brought before Magistrate...........
Criminal Procedure Code, 1973, Section 245, 244 -- Discharge - Mere pendency of civil litigation between parties cannot be a ground to discharge accused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Holder of cheque(s), a statutory presumption, is leveraged qua his holding it, in discharge of a legally enforceable debt, or other liabilities, entered into interse him and the complainant - However, afore endeavour is also extremely weak besides, flimsy, given the afore echoing,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Handing over of cheques by way of security per se do not extricate the accused from the discharge of liability arising from such cheques...........
Armed service -- Discharge - Exoneration in Summary Court Martial is not a bar for initiation of proceedings for discharge...........
