Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Notice - Part payment made by respondent - Amount of cheque is higher than the amount which actually was due to complainant - Trial Court rightly held that part payment made by respondent ought to have been reflected in the notice issued by complainant - Thus, Court has chosen..........
Indian Penal Code, 1860, Section 498A, 323, 294, 34, 506(PartII), Criminal Procedure Code, 1973, Section 228 -- Cruelty - Matrimonial dispute - Order of framing of charge - FIR lodged by wife against husband cannot be said to be lodged by way of counter blast after receiving notice of divorce petition - As regarding question of delay in lodging FIR, FIR lodged when even..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction of daughter-in-laws - One weeks notice of proceedings to the opposite party - Not wrong in the facts of the case as senior citizen was rendered homeless and he has to sleep in the open in a park...........
Civil Procedure Code, 1908, Section 149 -- Deficient Court fee - Delay in payment - If entire Court fee is paid within limitation period provided for filing suit, no notice is necessary to respondent in the application for condonation of delay in payment of deficient Court fee...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accused did not choose to file any reply to notice - Even if, in complaint, it is stated that work was undertaken by firm owned by accused, notice does not become invalid...........
Agreement to sell -- Specific performance - Readiness and willingness - Notice was issued by plaintiff before institution of suit to defendant but same was not replied - Both trial Court and Appellate Court concurrently held that plaintiff was always ready and willing to perform her part of contract at all material times - Suit rightly decreed by trial Court in favour of..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Summoning order set aside by revisional Court - It is apparent that a basic averment that respondent no.2 was responsible to accused company for its day-to-day affairs has been clearly made - However, no material is placed on record,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Issuance of cheque and signature of accused in cheques are not in dispute - Cheques came to be issued on account of cancellation of sale agreement and therefore, initial burden is discharged by complainant by placing necessary oral and documentary evidence on record - Trend to cross..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint on ground of non service of statutory notice - As per complainant address of accused is correct and that they have received notice sent to them in other cases - Magistrate ought not to have dismissed complaints at threshold - It could have been decided after recording evidence as..........
Stamp Act, 1899, Section 47A -- (as amended by State of UP) - Deficient stamp duty - Sale deed - Show cause notice issued to petitioner erroneous and lacking in material particulars - Date of sale deed mentioned in notice is in complete variance to sale deed in question - Even, ex parte report of Sub-Registrar cannot be relied upon by authority concerned for ascertaining..........
