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..........
Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Factum of filing an application u/s 5 of Limitation Act for condonation of delay is an admission on part of petitioners that Execution petition filed by them was barred by limitation...........
Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 21 -- Dishonour of cheque - Admission - Can accused rely upon his own bank account statement and contend that he had not transacted with complainant at all ? - No - As it is not the case of complainant that he gave loan by cheque - Moreover, account statement of accused is admission, which can..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Admittedly, as per complaint only Rs.65 lac was advanced to accused out of which as per admission made by complainant Rs.60 lac has been repaid by accused which shows that cheque amount was not outstanding towards accused - Hence, amount is not a recoverable debt - Cheque cannot be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Plea of concealment of material fact - It is apparent that landlord did not conceal anything as site plan shows that ownership over adjacent shop towards western side of demised shop - Landlord admission in cross-examination that he is having a vacant shop in his..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Admission by defendant that property is ancestral - However, defendant set up Will in their favour - Trial Court ought to have allowed application preferred by plaintiff that defendant to establish correctness of Will at the first instance...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Delhi High Court (Original Side Rules), 2018, Chapter VII, R.5 - Replication and affidavit of admission/denial of documents - Time period for filing same - Period of 30 plus extended period of 15 days are mandatory for plaintiff to file replication along with admission/denial of documents - If same are not filed within time..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Statement of 17 years old daughter that she preferred living in hostel rather than her own mother, who would visit her School and create ugly scenes leading to huge embarrassment for her is relevant, as no daughter much less a girl of 17 years of age would level such false allegations against..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Cheque dishonoured due to `insufficient funds' - Categorical admission that cheque given by accused when presented for payment was returned with endorsement `insufficient funds' - Complaint cannot be dismissed on the ground that complainant has not proved his source for advancing loan to the..........
Hindu Marriage Act, 1955, Section 16 -- Paternity of child - Applicability of S.16 of the Act - There is only a mere denial of marriage between father and mother of plaintiff - It will not constitute application of S.16 of the Act - Marriage being old one, having an old age of more than 51 years and not capable of proving by documents or by direct evidence - School..........
