Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Presumption - It amounts to acknowledgment of liability on part of drawer that cheque holder may use security as alternate mode of discharging his liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - It is acknowledgment of liability on part of drawer that cheque holder may use security as alternate mode of discharging his liability - In the instant case, if cheque is taken as security cheque, then accused has made himself liable as he has not sent any payment to complainant..........
Suit for recovery -- As per evidence on record plaintiff advanced loan to defendant and entry to this effect was made in books of account - Moreover, entry in books of account was only to confirm balance and was not bond or acknowledgment of debt which requires stamping - Even, perusal of entry shows that defendant has affirmed balance and that above entry include amount..........
Civil Procedure Code, 1908, Order 37, Rule 1, 3 -- Summary suit - Acknowledgment of amount due and issuance of cheques - Summary suit is maintainable - Leave to defend application dismissed for no, prosecution - Suit decreed - Interest payable 12% in case decretal amount is paid within three months and if not paid within three months then interest payable will be 18% per..........
Limitation Act, 1963, Section 18 -- Acknowledgement - Can be with respect to not only property or right but it can be even with respect to liability - A suit can be filed after three years from the date of breach of contract only if there was acknowledgment u/s 18 of Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant alleges that accused required the money for construction of residential house - However, there is no evidence on record to prove that accused was constructing any residential house or that she had paid any bills towards the purchase of..........
Limitation Act, 1963, Section 18 -- Acknowledgment of time-barred debt - Recovery suit - Limitation - Suit can be filed on the basis of written promise to pay time-barred debt as it is valid contract and enforceable in law - Written promise to pay time-barred debt by itself furnished fresh cause of action - Suit not barred by limitation - Dismissal of suit held not proper...........
Will -- Execution - It is not necessary that Will should be signed in presence of attesting witness - Mere personal acknowledgement of signature by testator to attesting witness is sufficient - It is also not necessary that more than one witness must sign simultaneously and they can sign at different times on receiving acknowledgment from testator regarding his signatures..........
Limitation Act, 1963, Section 18, Information Technology Act, 2000, Section 4 -- Acknowledgement of debt - By e-mail - Constitutes valid and legal acknowledgment - An acknowledgment of debt by e-mail originating from a person who intends to send or transmit such electronic message to any other person who would be the `addressee' would constitute a valid acknowledgment of..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Bombay General Clauses Act, 1904, Section 28 -- Dishonour of cheque - Claim as to non-receipt of notice - Sent by registered post at correct address and acknowledged by husband - Merely because accused did not receive notice personally and acknowledgment signed by husband, notice cannot..........
