Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Accused admits that cheque has bounced on account of not sufficient funds in his bank account - However, accused not given any reply to legal notice - Defence of accused that on very same day he went and told complainant that he has not issued such notice cannot be accepted - Accused cannot..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of assignee - Original plaintiff assigned his rights and interest in land in favour of assignee - Assignee thus, had a vital interest in the suit and had a right to continue suit - Issue whether original plaintiff had authorized respondent No.3 to sell land and..........
Criminal trial -- Inconsistency between dying declaration, medico-legal report and post mortem report - Cross examination of doctor exposits contradictions as to whether injury in question was sufficient to cause death in normal course of nature - Benefit of doubt of ambiguity and contradictions must go to appellant...........
Sale of Goods Act, 1930, Section 2(n) -- Liability to tax - Question is supply of the various preparations by each club to its members involved a transaction of sale within the meaning of the Act - As per S.2(n) of the Act, if there is no transfer of property from one to another there is no sale which would be eligible to tax - If the club even though a distinct legal..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Merely because original landlord died during pendency of appeal preferred by tenant, cannot be a ground to no, suit the legal heirs...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise during pendency of revision against order of conviction - Complainant accepted sum towards full and final settlement of dispute - Conviction and sentence set aside subject to deposit of cost of 15% of cheque amount with Rajasthan State Legal Services Authority...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Death of accused - Legal heirs have right to challenge conviction of their predecessor for the purpose that he was not guilty of any offence - Legal heirs in such a case are neither liable to pay fine or to undergo imprisonment...........
Legal Services Authorities Act, 1987, Section 20 -- Counseling - As per S.20 of the Act, if there is agreement between parties for settlement of matter both can approach Legal Services Authority by way of filing a petition - There is no bar for settlement of matter before Lok Adalat even though two cases are pending between the parties, if they are compoundable in nature -..........
Criminal Procedure Code, 1973, Section 357 -- Victim Compensation Scheme - Victim as well as her father were declared hostile - They violated Cl.6(3) of Karnataka Victim Compensation Scheme and therefore not entitled to seek compensation - Though State Legal Services Authority passed the order without affording an opportunity of hearing to victim, however, principles of..........
Indian Penal Code, 1860, Section 420 -- Cheating - Transfer of property - Defect in title - There is difference between mere concealment or non disclosure and a false representation - There is no legal duty for vendor of immovable property to disclose any charge or encumbrance, yet, if a false representation is made and acted upon, and as a result, money passed, then tough..........
