Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Cheque in question handed over to complainant in the year 2007 - However, accused already filed a complaint regarding misuse of very same cheque in the year 2005 - Possibility of cheque being handed over to complainant in 2007 is no, existent - Moreover, complainant admitted that he..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal - Plea of false assertions raised in reply to the notice - Assertion raised in reply to the notice admitted to be correct by complainant in his cross examination - Held, complaint and sworn statement are unsubstantiated - Accused acquitted...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration - Sale deed - Plea of plaintiff that he be declared as owner in possession of suit property - Owner of suit property who executed sale deed in favour of defendant is not a party to present litigation - Previous owner has not challenged legality and..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea that wife is professionally qualified and is earning well - No document in support of such plea filed - Plea in absence of any supporting document, remains a disputed question and needs to be tested in trial - Order granting interim maintenance, upheld...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A -- Application u/s 11 of the Act - Plea of limitation - Once consent has been given by petitioners before Court that they would not mind if matter is decided again to decide issue as to whether judgment and decree was obtained by fraud or collusion..........
Right to Information Act,2005 -- Right to information - Plea of petitioner is that University being a autonomous body is entitled to charge fee for supply of information under Right to Information Act as has been so determined by it and would not be governed by provisions of Right to Information Act and rules framed thereunder by Government of Haryana - Plea cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused, complainant being a financier would obtain blank promissory notes and blank but signed cheques as security without dates - Plea held, tenable as complainant admitted that he had returned promissory notes and two cheques to accused - Even, explanation given by complainant that notices..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court assessing plea of bail is required to find prima facie view of possibility of commission of crime by accused and not to conclude that alleged crime was in fact committed by accused beyond reasonable doubt...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court assessing plea of bail is required to find prima facie view of possibility of commission of crime by accused and not to conclude that alleged crime was in fact committed by accused beyond reasonable doubt...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Plea of tenant is that petition has been filed in trade name and not in the name of tenant - Affidavit filed in support of leave to defend application shows that tenant has not raised this specific plea in affidavit in support of leave to defend application - Even,..........
