Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Legally enforceable debt - Loan - Bahi entries - Loan for agricultural purposes was allegedly advanced by complainant to accused and it was stated to have been entered in Bahi - Bahi entries are not negotiable instruments of advancement of loan like pronote, bonds and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Complainant a commission agent advancing loan to a farmer accused - Accused issued a cheque and same dishonoured - It is a matter of very common knowledge that Commission agents use to obtain such blank/undated cheques from farmers as security in good faith, not in lieu of any..........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - A simple document showing payment by plaintiff to defendant will not be a written contract as contemplated U.O.37.R.4 CPC - Suit lies only if amount claimed is a debt or a liquidated demand of moneys arising on a written contract - This is because it is only promise to pay which creates a..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Does not depend solely on the question whether applicant has interest in the suit property - However, question to be considered is whether right of said person may be affected if he is not added as party - Such right includes necessarily an enforceable legal right...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Taking cognizance of offence after expiry of 15 days as stipulated u/s 138(c) of the Act does not cure legal defect of premature complaint - Continuation of proceedings against accused `A1' and `A2' not legally sustainable - Proceedings u/s 138 of the Act quashed...........
Criminal Procedure Code, 1973, Section 31 -- Quantum of sentence - May be legally passed when there is : (a) one trial; (b) the accused is convicted of two or more offences - When a person is convicted for two or more offences at one trial Court may exercise its discretion in directing that sentence for each offence may either run consecutively or concurrently subject to..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix herself had filed a writ petition before High Court with her affidavit attached to it in which she clearly stated that she is major and has performed marriage with accused on her own will - Besides it, while travelling from one place to another overnight by train with accused, prosecutrix..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant alleges that accused required the money for construction of residential house - However, there is no evidence on record to prove that accused was constructing any residential house or that she had paid any bills towards the purchase of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - When complaint is against a Director, who is not signatory and is not Managing Director or Joint Managing Director, averment that he was in charge of and responsible for conduct of business of company is missing then Magistrate is legally justified in not issuing process...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7 -- Shamilat deh - Suit for declaration & possession - Land in question Shamilat Patti Sayar, i.e. common village lands the user of which is not confined strictly to cultivation - Grant of land to `H' and `M' was for repairing of agricultural implements of the villagers by them - They were legally..........
