Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Validity - Held, no format is required for notice to be issued u/s 138 of NI Act - It is sufficient to specify cheque amount in notice - Object of notice u/s 138 (b) of the Act is to inform drawer of cheque of particulars of cheque and specific payment by complainant - In present case, object..........
Constitution of India, 1950, Article 14 -- Award of contract - Recovery of disputed amount against contractor - Validity - State authorities claimed certain amount to be recoverable from contractor alleging that construction of road was unsatisfactory - Contractor took recourse to provisions contained under arbitration clause by raising dispute before Superintending..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- NRI landlord - Bona fide need - Eviction - Validity - Ownership of landlady stands duly proved - NRI status is clear from residency card issued by Austrian authority - Intention to come back and to settle in India duly proved by statement of landlady stepping into witness box - Held, once these necessary..........
Criminal Procedure Code, 1973, Section 198(1), Indian Penal Code, 1860, Section 494 -- Bigamy - Conviction - Validity - Wife filed complaint u/s. 494 IPC against husband on ground that he contracted second marriage during her life time - Magistrate invoking power u/s.156 Cr.P.C. and forwarded said complaint to police for doing needful in accordance with law - Police..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheque was issued for a legally enforceable liability after closure of account - Held, offence u/s 138 of NI Act is made out - Acquittal of accused liable to be set aside - Appeal allowed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Acquittal - Validity - Plea of accused that cheques were issued to complainant by way of security for due performance of work entrusted and complainant failed to perform its part of contract and as cheques were not issued for due repayment of amount of Rs.100 lakhs, ingredients u/s. 138..........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Validity - Contention that respondent No.3 has been illegally attesting documents as lambardar - Respondent No.3 has justified it on ground that he was doing so under impression that he was appointed by Collector which has been affirmed by FC - No complaint has been received against respondent No.3 nor..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 3, 22 -- Chandigarh Lease Hold of Sites and Buildings Rules, 1973, Rr.12(2) and 12(3-A), 9, 10-A - Lease by auction - Refund of bid amount - Imposition of penalty and interest - Validity - Request for surrender of plot, submitted by lessee received during which lessee could deposit balance premium amount..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Notice was served, but despite such service, payment was not made - Same was established before first Court as well as before appellate Court - No manifest error in accepting on record evidence tendered in support of the case and appreciation of such tendered evidence pertaining..........
State Financial Corporations Act, 1951, Section 29 -- Recovery of loan - Sale of seized vehicle - Validity - Issuance of mandamus sought by borrower for rephasement of installments to clear outstanding loan amount borrowed - During pendency of matter, vehicle was seized and sold at Rs.1,51,000/- which was lower than off-set price of Rs.2,50,000/- and also much lower than..........
