Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Advocates fee - Arrears of fees due to an Advocate is a legally enforceable debt...........
Transfer of Property Act, 1882, Section 54, 58(c) -- Sale with condition of re-conveyance and mortgage by conditional sale - Distinction - (i) Mortgage by conditional sale must be evidence by one document, whereas sale with a condition of re-conveyance/re-transfer may be evidenced by more than one document. (ii) In mortgage, debt subsist and right to redeem remains with..........
Indian Penal Code, 1860, Section 306, 107 -- Suicide - Abetment - Money lent by accused to deceased - Deceased committed suicide as trapped in debt - Mere asking for repayment of loan does not amount to instigating or aiding the commission of suicide - Charge quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Legally enforceable debt - Cheque issued in pursuance of an illegal contract - Cheque dishonoured - Entire transaction is void and debt is unenforceable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable deft - Money lending business alleged - If a person is advancing money casually and not professional money-lender, there is no necessity for obtaining any licence and in that event the debt is legally enforceable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Money financing business - Complainant doing finance business and having a Pvt. Ltd. Co. - But in the instant case loan given in his individual capacity - It was not elicited from complainant that he is financing to may others including the accused in his individual capacity -..........
Civil Procedure Code, 1908, Order 34, Rule 5(1)(2), Transfer of Property Act, 1882, Section 60 -- Mortgage - Right of Redemption - Extinguishment of Right - Final Decree - High Court held that by passing of decree for sale under O 34 R 5(3), mortgage debt is merged into the decree and right to redemption is not available. Held - Final decree for sale under Order 34 R 5(3),..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint against non-signatories to cheque - Maintainability - It is not disputed that A3 and A4 are the signatories to the cheque - Merely because they are the wife and son of A2 who is the Managing Director of A1-company and they are the Directors of A1 company, it cannot be said that they are liable..........
Negotiable Instruments Act, 1881, Section 139 -- Legally enforceable debt - When issuance of cheque is admitted, presumption shall be drawn that the holder of the cheque received the cheque for the discharge in whole or part of any debt or any other liability, unless the contrary is proved...........
Negotiable Instruments Act, 1881, Section 139 -- Legally enforceable debt - Presumption - Issuance of cheque and signatures on cheque admitted - Presumption is there that cheque was issued towards `legally enforceable debt' - However, this presumption is rebuttable for which accused had to produce rebuttable evidence - Mere explanation is not sufficient - Accused must give..........
