Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Held, presumption u/s 139 will arise only when execution of cheques is proved - When complainant miserably failed to produce vital and relevant documents, though summons was issued and inspite of the fact that complainant has claimed that such documents are with them, no..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque formed part of security deposit which was payable by petitioner as a liability to complainant - Cheques were not given as security per se, but were issued towards discharge of liability of payment of security - In consideration of this security, respondent agreed to remain deprived of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea of non receipt of notice - Plea not available to accused when he does not make payment within 15 days of the receipt of summons from Court - Dismissal of complaint set aside - Matter remitted for decision afresh in accordance with law...........
Civil Procedure Code, 1908, Order 9, Rule 5 -- Dismissal in default - There could be no dismissal in default if a defendant was already served with summons...........
Criminal Procedure Code, 1973, Section 437A -- Bail - Convict seeking direction that all convicted persons be released on bail on executing bail bonds whose trials are likely to be concluded within six months prior to disposal of trial or appeal in order to facilitate pairvi by prisoners - Held, S.437-A CrPC was not introduced to allow accused to be released prior to..........
Civil Procedure Code 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons by substituted service - Substituted service can be ordered only if defendants were getting out of way for purpose of avoiding service or for any other reason summons could not be served in ordinary way - In the instant case, it cannot be said that defendants were avoiding..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Scope of O.9.R.13 CPC - Held, proceeding U.O.9.R.13 of the Code is not concerned with merits of the suit but is concerned only with two things, viz. summons were not duly served on defendant or that he was prevented for any sufficient cause from appearing when suit was called on for hearing...........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quit notice - Found invalid - Held, service of summons of the suit for eviction of the tenant showing the categorical intention of the landlord asking the tenant to vacate the tenanted premises can be taken as a notice u/s 106 TPA read with O.7.R.7 CPC...........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quite notice - Found invalid - Service of summons of the suit for eviction of tenant showing categorical intention of the landlord asking tenant to vacate the tenanted premises can be taken as notice - Starting date for calculation of mesne profits in both the eventualities will be..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summons case or warrant case - Proviso to S.143 enables trial Magistrate if he considers the case punishable with sentence of imprisonment for a term exceeding one year, Magistrate may proceed to examine/recall witnesses and hear the case accordingly, either by following the procedure for summons..........
