Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Complaint - Recalling of complainant sought on the ground that date of transaction between parties was mistakenly noted as 04.05.2001 in affidavit as well as in complaint although it was actually 04.05.2004 - Held, opportunity should be given to..........
Negotiable Instruments Act, 1881, Section 138,143,145 -- Dishonour of cheque - Complainant gave part of his evidence by way of affidavit as per requirement of S.145 of the Act - Accused has limited right to cross-examine complainant as is done in a summary trial case - But at the same time accused is not precluded from putting certain questions which would otherwise be..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been compromised - Authorized Agent of complainant company has filed affidavit stating therein that the total amount has been received and company has no objection if petitioner is acquitted - Held, judgment/order of conviction and sentence passed by both Courts..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination of complainant - Complainant has submitted an affidavit in support of his complaint which contains the entire factual position - Held, it is proper compliance of S.200 of the Code, 1973 in light of the provisions of S.145 of the Act of 1881 -..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff sent registered notice before stipulated date for getting the sale deed registered - Plaintiff was present in the office of Sub Registrar on the stipulated date and proved affidavit in this regard to show that he remained present in the office of Sub Registrar - Plaintiff proved that he possessed..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d),21(b) -- Medical negligence - Unfair trade practice - Engagement of untrained and unqualified staff by the petitioner/OP No. 1 - Mere claim by doctor that he had administered the injection, on the face of the deposition made by -'R-' i.e. the untrained compounder, cannot be believed - Technical plea by the..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of complainant - May be given on affidavit not only during course of trial but even prior to issue of process...........
Civil Procedure Code, 1908, Order 6, Rule 1 --- Pleading - Averment in plaint or written statement is a pleading and not that what is stated in an affidavit...........
Evidence Act, 1872, Section 58 --- Facts admitted in affidavit - Should be treated as admission...........
Contempt of Court -- Anticipatory bail granted - Despite that contemnor took into custody the person who has already been released on bail by Court - Held, conduct of contemnor makes it clear that his action is in disregard to Court's order - Therefore, Court holds him guilty, as at the first instance he had not offered unconditional apology and apology offered by him in..........
