Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that bank account was already closed - Cheque returned with bank endorsement `insufficient funds' - If account was closed, there was no occasion for Bank to return cheque with said remarks...........
Adverse possession -- Plea of ownership and adverse possession - Such contrary pleas cannot be entertained...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Objection regarding validity of agreement - Can be raised before arbitrator, but with such plea respondent cannot maintain a suit for declaration and injunction - Trial Court rightly rejected interim injunction sought by respondent and same is erroneously reversed by Add. District Judge and..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Hand loan - Plaintiff successfully established that defendant had availed a hand loan of sum of Rs.34,000 and defendant failed to repay the same - Defendant though had taken a contention that it was in connection with chit transactions, he had executed demand promissory note and delivered to plaintiff, but he..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Plea that complaint is filed with malafide intention - Can be decided only during trial after giving opportunity to the parties to lead evidence...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3) -- Rent and eviction - Non-payment of rent - Partial surrender of premises - Split up tenancy arrangement sought for by bank and partial surrender of first floor and second floor of tenanted premises was per se illegal and wrong therefore, bank is liable to pay rent taking monthly rent of tenanted..........
Indian Contract Act, 1872, Section 29, Evidence Act, 1872, Section 93 -- Family settlement - Void contract - Failure to take plea - Mere fact that plea is not taken, that the clause in question is vague and hence unenforceable and void will not stand in the way of appellate Court looking into the contract and, if on its terms, it finds it to be vague and unenforceable, it..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Suit for maintenance - Grandfather/petitioner made application for getting DNA test of opposite party No.1, who alleged to be his granddaughter - No categorical plea to the effect that parties had no access to each other during marriage - Only assertion in written statement is that after some time, opposite..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Family Mediclaim Policy - Plea of pre-existing disease of son of appellant taken by insurance company - There was no pre-existing disease when initial individual Mediclaim Policy of son of appellant was taken in the year 2007-2008 - Even otherwise, after having initially repudiated the claim of appellant,..........
Suit for possession - - Plea of oral agreement by defendant - As per defendant, he had entered into an oral agreement to sell with erstwhile owner in January, 2000, but still he chose to file a suit seeking specific performance after 16 years and that too almost 1 year after suit for possession was filed by plaintiffs - Plea of an oral agreement to sell sham and wholly..........
