Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question does not bear signature of accused - It has also come in evidence that accused did not close his account but it was closed by bank itself on very day (Day of dishonor of cheque) since there was no balance for debiting the service charges - Held, accused has rebutted the presumption..........
Specific Relief Act, 1963, Section 16(c), 20 -- Specific performance - Readiness and willingness - Financial capacity - Held, it is well settled that readiness relates to financial capacity and resources of agreement holder - Though he need not show that hard cash is available with him or in Bank deposits, it is incumbent upon him to satisfy that he is a man of sufficient..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - One portion of cheque containing signature of drawer produced with complaint - Partial destruction of instrument narrated as snatching by accused and destroying a portion of the cheque - Plea of accused that he cannot be prosecuted on the basis of a mutilated cheque that does not even contain the number..........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 91 -- Insurance claim - Repudiation - On the ground that Loss to brick kiln not covered by the cover note - The cover note has listed out the details pertaining to the insurance policy taken by the respondent No. 2 i.e. the Bank to cover the loan sanctioned to the petitioner - Insurance is only for..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Unauthorized use and occupation of land - Damages - Commissioner held that petitioner is liable to pay damages to Gram Panchayat for unauthorized use and occupation of land from the date, petitioner has been declared unauthorized occupant of the land by competent Court - Held, court had rightly directed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Despite having knowledge of freezing the bank account of petitioner No.1 company by investigating officer, complainant has deliberately deposited cheque which has been dishonoured/returned - Petitioner-accused in reply to statutory..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence of - Held, for constituting the offence u/s 138 of the N.I. Act what is required is issuance of cheque by a person from the Bank account maintained by him and that same is dishonoured on presentation within stipulated period of its validity and issuance of notice within the period stipulated and..........
Consumer Protection Act, 1986, Section 2(1)(e) -– FDRs - Maturity amount - No, payment of - Deposits were accepted with a promise to pay interest @ 14% p.a. - The normal rate of interest payable by the bank could be around 9 to 12% p.a. - The depositors were allured by the OP No. 1 on the promise to pay more interest - There are various proceedings going on between..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Mesne profits - Mesne profits of demised premises assessed @ Rs.4000/- p.m. by appellate authority - Landlord claiming that mesne profits assessed are on lower side on ground that in vicinity of demised property a bank is giving Rs.17,250/- as rent - Held, landlord of said building has constructed bank..........
Agreement to sell -- Specific performance - Relief of - Cannot be denied merely for the reason that land is mortgaged with the bank - Encumbrance attached to the land could be removed by the defendant before effecting the sale and no objection could be obtained from the bank or the prospective vendee stepping into the shoes of the mortgagor, is liable to pay the mortgage..........
