Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security towards loan advanced - Held, when cheque is issued as security then not only the aspect as to the cheque given as and by way of security is to be seen but what is also to be seen is whether it has been issued in discharge of debt or liability - Accused failed to show that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security - Provision of S.138 of the Act is attracted only on account of dishonour of cheque issued in discharge of liability or debt and not on account of issuance of security cheque - Issuance of security cheque is not covered u/s 138 of the Act - Proceedings nothing but abuse of..........
Agreement to sell -- Specific performance - Execution of agreement proved - No proof that execution of agreement was in lieu of security of loan - Recital in agreement and evidence that there was intention to deliver possession - Subsequent purchaser deemed to be in knowledge of agreement as he resident of the same village - Plaintiff spent huge sums of money to improve..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - It can fasten liability on the drawer - Security cheque can be legally and validly utilized towards the discharging of the liability of the drawer - A security cheque is an acknowledgment of liability on the part of the drawer that the cheque holder may use the security cheque as an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque given as security - When liability of security is not discharged, there is no legal bar for launching the prosecution after complying the requisite procedures in the event of dishonour...........
Civil Procedure Code, 1908, Order 1, Rule 3 -- Parties - Proper or necessary party - Wife of defendant signed two agreements and had agreed to keep the collateral security for the loan - Suit not filed for enforcement of collateral security which was jointly owned by defendant with his wife - Held, as no relief is claimed for enforcement of joint collateral security and no..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary sit - Collateral agreement by which defendant obtained loan from plaintiff - Plaintiff has right to file suit for recovery of money without proceeding against the collateral security - As the suit is filed U.O.37.R.2 and the parties having entered into written contract, the suit is maintainable as a summary suit -..........
Indian Penal Code, 1860, Section 363, 366 -- Wife married voluntarily and living with her husband without any coercion and compulsion - Wife denied that she was ever kidnapped - Wife claiming to be major but no proof thereof - Wife directed to appear before CJM who will direct I.O. to get her examined by CMO for ascertaining her age and in case she is 18 years of age or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Petitioner/accused has admitted regarding issuance of cheque - He has also received notice issued by opposite party/complainant and within statutory period - He did not pay amount and had not taken any step to pay payment during trial also - He was also not able to substantiate..........
Railways Act, 1989, Section 24 -- Untoward incident - Bona fide passenger - Untoward incident occurred on 11.11.2004 in which deceased got injured - He was removed to hospital where he died on 17.11.2014 - His mother deposed as PW1 that her son had purchased a ticket from Railway Station - That was not recovered from his body - There is nothing on record to show that..........
