Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Issuance of separate notice to Managing Director/petitioner is not necessary where notice was issued to accused/company through petitioner himself...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Non-mentioning the date of receipt of notice or service of notice by complainant is a disputed question of fact which shall be considered by trial Court - Application for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice sent by registered post - To rebut presumption about service of notice or that address was incorrect or filing of complaint prior to expiry of notice period would be considered by trial Court at appropriate stage -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Prosecution u/s 138 of the Act is founded upon following four seminal ingredients: (i) Existence of a legally enforceable debt; issuance of cheque towards discharge of debt; (iii) dishonour of cheque and (iv) failure to make payment after receipt of statutory demand notice...........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Four cheques issued on different dates for single debt - There is absolutely no reference to debt in statutory demand notices - In complaint amount of debt is quantified at Rs.3 lakhs, but there is no whisper about date on which debt was incurred -..........
Haryana Management of Municipal Properties and State Properties Rules, 2007, Rule 18 -- Cancellation of lease - Violation of R.18 of the Rules - Lease can be cancelled after notice in writing and after giving a reasonable opportunity - Admittedly, no opportunity of hearing granted to petitioner - Cancellation of lease held, illegal...........
Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, Section 10(3), 8 -- Order of surrender of surplus land - Revision petition challenging said order - Petitioners claiming themselves to be rightful owners of land via sale deed - Land so surrendered have already been alienated by issuance of pattas to 7 individuals enjoying possession - Petitioners at..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20 -- Domestic violence - Before issuing notice, Court has to be prima facie satisfied that there are instances of domestic violence...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Money suit - Recovery of misappropriated funds - Maintainability of - Employee of bank fraudulently mis-appropriated funds - Bank employee is not in business activity with bank as required for definition of `debt' u/s.2(g) of the Act - Therefore, execution proceedings before Tribunal..........
Criminal Procedure Code, 1973, Section 472, 468, Companies Act, 1956, Section 630 -- Refusal to vacate company`s quarter - Conviction - Cognizance of offence under Companies Act - Statutory provision in Companies Act reveals that if any officer or employee of a company wrongfully obtains possession of its property, he shall be liable to criminal prosecution u/s 630..........
