Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Evidence discloses complainant`s financial incapacity to advance hand loan and inconsistent version about reason for hand loan - Even, there is no evidence to show that notice was sent by registered post as address was incomplete and it is not possible to draw presumption..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to add relief of setting aside of alleged cancellation notice - Nature of suit is not altered in any way - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 39, Rule 6 -- Sale of vehicle seized by Bank - Non-payment of loan - Recovery suit - Application U.O.39.R.6 CPC, ought to have been decided by Trial Court at the time of final order in suit itself - Moreover, to keep application pending while suit itself is decreed, is completely irrational - Vehicle has a limited life value which..........
Mohammedan Law -- Talaq - Oral notice of Talaq communicated by husband in presence of two witnesses as required under Muslim Law - Intention of husband to give Talaq clear and no ambiguity in the stand of husband that he has given Talaq - Order declaring notice as null and void set aside...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Term `taking cognizance' means taking notice of an offence for initiation of proceedings u/s 190 Cr.P.C...........
Madhya Pradesh Land Revenue Code, 1959, Section 172(1), (4) -- Imposition of penalty u/s.172 of the Act - Issuance of show cause notice - Seeking reply from petitioner regarding running of marriage garden without permission and without diverting the land in dispute - Plea of petitioner that land in dispute although used for marriage functions but are not used for..........
Adverse possession -- Plea of adverse possession by tenant - When plea of adverse possession is raised by a tenant, assuming the title in himself against the real owner and once a notice to determine lease, per S.111(g) of Transfer of Property Act is given, tenant cannot allege ouster of jurisdiction of civil Court...........
Negotiable Instruments Act, 1881, Section 138(b) -- Proviso - Dishonour of cheque - Demand notice - There is no requirement to mention cheque number in notice...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - Mistake of cheque number in notice does not make the notice defective or invalid...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - No form of notice is prescribed u/s 138(b) Proviso of the Act...........
