Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - Discretion of Court - Receiver can be appointed only when plaintiff has an excellent chance of success - Plaintiff has to show not only a case of adverse and conflict claims of property but also emergency, danger or loss demanding immediate action - Element of danger is an important consideration -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Communicated addressed to the accused, number of cheque, date, amount and name of bank mentioned, reason for return of cheque as 'insufficient funds' mentioned, a request made to make the payment and a right reserved to initiate legal action in case of non payment - Held, communication shows..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presentation of cheque for the second time - Held, if dishonour of cheque has once snowballed into a cause of action it is not permissible for a payee to create another cause of action with the same cheque...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Fax (claimed to be the notice) has not been sent to accused company - Said notice does not say that petitioners must make payment of dishonoured cheque within a period of 15 days of receipt of said fax - It also does not say that in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused cannot be exonerated of penal action only because the liability was of some third person...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - The day on which cause of action had arisen has to be excluded for counting the period of limitation for filing complaint u/s.138 of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Obedience of order of injunction - In a fit case court can grant police aid as a preventive measure for ensuring obedience of order of injunction instead of waiting till injunction is breached, even though action can be taken against the party flouting the order under Order 39 Rule 2-A..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Negotiable Instruments Act, 1881, Section 18 , 31 -- Banking service - Cheque - Return of cheque to payee on account of difference in figures and words of the amount of cheque - Held that a conjoint reading of Sections 18 and 31 of the NI Act would lead to the conclusion that the petitioner Bank ought to have paid..........
Criminal Procedure Code, 1973, Section 340 -- Pursuant to a preliminary enquiry Court cannot direct superior officer of such person involved to take legal action for offence u/s 193 IPC, instead of proceeding to file a complaint as envisaged u/s 340 Cr.P.C...........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Plot allotment - Plea that the office of appellant - OP is situated at Panchkula thus only Panchkula Forum was vested with the territorial jurisdiction repelled - As the deposited amount was refunded to the complainant within the territorial jurisdiction of Chandigarh Forum, a part of cause of..........
