Maharashtra Co-operative Societies Act, 1961, Section 105 -- Auction sale - Setting aside - Appellant bank challenged auction sale on the ground that upset price was fixed on lower side - However, appellant was fairly and squarely aware of upset price much before the auction took place but appellant did not take recourse to legal remedies - It was thus, not open for..........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Partition suit - Defendant no.1 sought to produce original bank passbooks and bank statement of defendant no.1 and defendant no.2 - Trial Court exceeded its jurisdiction to deny leave to produce said documents on record by recording a finding that authenticity and genuineness of documents seem..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Cheque issued in discharge of liability to pay - Statement of account reveals that at the time cheque came for collection in the bank, there was no sufficient funds in the account of accused to honour the cheque - Accused rightly found to have committed the offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When cheque was sent for collection through another bank and intimation of dishonour was received from that bank along with dishonour memo issued by drawee bank, 15 days period can be reckoned from the date of intimation from collecting bank and not from date of dishonour of cheque by drawee bank...........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Presumption - Complaint and affidavit do not mention that cheque bears the signatures of accused - No official of bank was examined to establish the name of person, who had put the signatures on the cheque - In the absence of proof of signatures, a presumption u/ss 118(a), 139 of the Act..........
Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
National Housing Bank Act, 1987, Section 50 -- Offence by Company - Liability of directors - No averments were made in the complaint that accused nos.2 to 7 were in charge of and responsible to Company for the conduct of its business - Vicarious liability of Directors of Company is thus, not attracted - Complaint qua accused nos.2 to 7 quashed...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in dumping waste into public property - Stringent conditions in the form of at least furnishing of a bank guarantee should be imposed while directing release of vehicle dumping waste into public property...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in forthwith reporting seizure to Magistrate may only be an irregularity but total failure to report seizure will definitely have a negative impact on the validity of seizure...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in reporting the seizure to Magistrate - Directions issued: (i) Police officer concerned shall inform bank whether seizure of bank account has been reported to jurisdictional Magistrate and if not, time limit within which seizure will be reported - If no intimation as to compliance or proposal..........
