Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 431 -- Dishonour of cheque - Compromise in Lok Adalat - Default in payment - Award of Lok Adalat can be executed as a Civil decree or as per provision of S.431 Cr.P.C. depending on terms contained in the compromise - If there is a term agreed that the complainant can enforce the..........
Negotiable Instruments Act, 1881, Section 138 -- Proviso - Dishonour of cheque - Demand notice - Notice returned unclaimed and received by complainant on 14.9.2000 - Such date would be commencing date in reckoning period for 15 days contemplated u/s 138 Proviso Clause (c) of the Act - Since payment could have been made upto 29.9.2000 but when it is not made, cause of..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Plea of exclusion clause in policy - Tripartite agreement Between bank, cold store and farmers - Goods were kept in cold store on payment of rent by farmers - Goods were neither held in trust per se nor..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Fire in cold store due to short circuit - Liability of insurance company is proved - Since farmers are beneficiaries, they are entitled to get amount payable under policy - Value of goods as reflected in..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Certified copies of documents sought to be produced by plaintiff without wishing to lead any further oral evidence in support thereof - No harm would be done to defendants, as it would not delay suit any further for want of witnesses coming forward to testify in support of those documents -..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Dismissal of application u/s 145(2) of the Act on the ground that no cross-examination of complainant was required - S.145(2) of the Act mandates that once application by accused is filed, Court is obliged to summon person who has given evidence on affidavit in terms of S.145(1) of the Act -..........
Motor Vehicles Act, 1988, Section 171 -- Accident - 100% physical disability - Total compensation - Interest - Keeping in view the various heads under which compensation is to be awarded to claimant, total sum of Rs.62,27,000 with 7.5% interest p.a from date of filing claim petition till payment/deposit of amount is awarded to claimant - Directions issued...........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, Indian Penal Code, 1860, Section 482 -- Anticipatory bail - Illegal gratification - Release of stolen vehicle - Complicity of accused in the context of knowledge about stolen vehicle and fake number plate on vehicle requires custodial interrogation, particularly when Inspector `J'..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b) -- Eviction petition - Default in payment of rent - Cause of action u/s 11(2)(b) of the Act is a recurring cause of action, whenever the tenant causes default in payment of rent and failed to pay arrears of rent, in response to demand notice u/s 11(2)(b) of the Act - Therefore, earlier petition filed u/s..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine himself as his own witness after defence evidence was closed - There is no bar to examination of accused as his own witness in disproof of charge against him before judgment - Complainant will not suffer any prejudice as..........
