Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), Constitution of India, 1950, Article 226, 227 -- Recovery of debt - Petitioner seeking direction to bank to not send goondas to recover balance amount - Failure of defaulter to honour earlier settlement reached before Lok Adalat - Bank denied allegations of..........
Civil Procedure Code, 1908, Order 21, Rule 58(a) -- Confirmation of sale - Auction sale of property by Court in execution of a decree - Earlier J.D. had entered into agreement to sell the property - Held, that auction purchaser gets no right till confirmation of sale - Auction purchaser gets a right only on confirmation of sale and he has only right to consideration for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for time barred debt - Attracts penal provision of S.138 of the Act - Cheque dishonoured for insufficiency of funds - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Rebuttal - Not necessary for accused to produce evidence - Accused can discharge the onus placed on him even on the basis of material brought on record by the complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Rebuttal - Loan of Rs.25 lacs - Complainant himself was in debt - No evidence produced to prove financial viability of complainant to raise such huge amount - Conviction of accused merely because he admitted his signature on disputed cheque not proper - It..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque without consideration - Onus to prove is on person who asserts so - Accused neither examined himself nor examined any witness - Burden of proving that the cheque was not issued towards discharge of any debt or other liability was thus not discharged...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttable presumption - Presumption that cheque was issued for a debt or liability is in favour of holder of cheque - This is a rebuttable presumption which can be rebutted only by the person who drew the cheque...........
Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Presumption - Presumption available is as to issuance of cheque for discharge of any debt or other liability - Existence of legally recoverable debt is not a matter of presumption u/s 139 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three ingredients of the provision are : (i) that there is a legally enforceable debt; (ii) that the cheque was drawn from the account of bank for discharge in whole or in part of any debt or other liability which pre-supposes a legally enforceable debt; and (iii) that the cheque so issued had been..........
Indian Penal Code, 1860, Section 406 -- Cheque - It is a property - Misappropriation or used for a purpose for which the same was not handed over - Offence u/s 406 IPC is committed - Such plea can be taken in a proceeding u/s 138 of Negotiable Instruments Act that cheques were not meant to be used towards discharge of a lawful liability or a debt - However, this by itself..........
