Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - Territorial jurisdiction - Cheque presented and dishonoured at Rohtak - Merely because cheque was issued from Bank at Chennai, it will be tortious to call upon complainant to file his case at Chennai - Thus, Court at Rohtak has territorial jurisdiction to try criminal complaint...........
Civil Procedure Code, 1908, Section 39, Order 21, Rule 3, 48 -- Execution - Pending at Hissar - Bank account of one of the J.D's at Chandigarh can be attached for satisfaction of decree...........
Agreement to sell -- Specific performance - Clean hands - Suppression of material facts - Merely because plaintiff paid the entire sale consideration and also cleared the loan amount payable to Bank, that itself cannot be a ground to grant equitable relief to plaintiff, particularly when she suppressed the material facts from Court...........
Agreement to sell -- Specific performance - Clean hands - Suppression of material facts - Plaintiff not entitled to equitable relief of specific performance in view of inordinate delay and suppression of material facts - However, since plaintiff admittedly paid a sum of Rs.5,06,000 as per agreement and also cleared the loan amount due and payable to Bank by defendant,..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(zb), 13(2), Transfer of Property Act, 1882, Section 58(f) -- Security agreement - Enforcement of security interest - In the instant case, guarantor deposited title deeds of suit properties with bank with intention of creating mortgage in favour of bank - Even,..........
Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Bank Loan - Misconduct - Offence under P.C.Act quashed - Trial as regards other offence under IPC would have to proceed before Competent Court - High Court would have to exercise inherent jurisdiction u/s 482 Cr.P.C. and direct Court below to return the complaint to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle seized under NDPS Act - If accused himself is the registered owner, vehicle can be released to accused only after taking appropriate bond and also bank guarantee equivalent to value of vehicle - However, if registered owner claiming..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Recovery suit - Vehicle loan - Hypothecation of vehicle to bank - Default in payment of EMIs and other charges - Appointment of receiver in such circumstances is necessary - Impugned order of dismissing application U.O.40.R.1 CPC set aside - Directions issued...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Account of a person can be freezed by Investigating Officer by exercising power u/s 102(1) Cr.P.C. in a given set of circumstances...........
Agreement to sell -- Specific performance - Ready and willing - It is not necessary for a purchaser to keep the balance sale consideration either in cash or in bank account - It is sufficient, if it is proved that purchaser is capable to raise the balance sale consideration when time for performance of agreement of sale arrives...........
