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BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused has to be specific as to why the cheque was issued - If it was issued for the purpose of security or any other purpose and not to discharge any debt or liability then only Court may be justified to hold that cheque issued did not come within the purview of S.138 of..........

ORISSA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque on ground of stop payment - Order of cognizance and issuance of process challenged in revision on the ground that the cheque was issued only as a security - Held, at the stage of taking cognizance, Court is look into the materials placed before it by the complainant - The Court taking cognizance is not to..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Specific Relief Act, 1963, Section 39 -- Security amount and advance instalment - Recovery of - Suit for recovery and not suit for mandatory injunction is maintainable...........

ALLAHABAD HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17(1) -- Exparte decree - Setting aside - Suit for eviction and arrears of rent - Failure of comply with mandatory provision of S.17 of the Act as neither the amount is deposited nor any security furnished nor time sought for furnishing the security - No case of fraud made out -..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail cannot be denied merely because the allegations pertain to cheating or forgery of a valuable security...........

KERALA HIGH COURT

Year of decision: 2009
Details

Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Consideration for grant of anticipatory bail and regular bail are not the same - Offences affecting the mankind, the environment, the forest wealth, the people at large, the safety and security of the nation, the economic stability of the country and the like are to be distinguished from the offences..........

MADRAS HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending cheque to handwriting expert for his opinion in respect of age and signature - Defence plea that cheque was issued in 1997 for purpose of security and accused has misused it by filling the same much later - Dismissal of application by trial Court raising a suspicion as to whether accused himself..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Electricity Act, 2003, Section 47(4) -- Electricity - Interest on security deposit - Consumers are entitled to interest on their security deposit at bank rate of interest determined from time to time by RBI...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Punjab Privately Managed Recognized School Employees (Security of Service) Act, 1981, Section 4 -- Grants - in - Aid Rules, Para 69 - Termination - Reinstatement - Back wages - Grant - in - aid - Refusal to release by respondent State - Termination of respondent No. 2 in 1993 for claiming HRA wrongly and for interpolation of the record and forgery - Application forwarded..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 2 -- Dowry - Meaning - Any property or valuable security should be given or agreed to be given either directly or indirectly at or before or any time after the marriage and in connection with the marriage of the said parties - Giving or taking of property or valuable security must have some..........

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