Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Commission agent - Pre existing `Arhant' relationship between parties - If payment has been made by complainant to accused, it cannot be assumed to be a loan unless otherwise proved - Account books cannot be equated with a promissory note - No explanation as to why loans were given without..........
Agreement to sell -- Specific performance - Real intention of parties was never sale of land but was to secure loan advanced by plaintiff to defendants during course of their transactions, as plaintiff was working as a commission agent - More so, despite a substantial payment out of sale consideration having been made as earnest money, still a long period of one year was..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has taken different stands as to payment of balance amount as he states that he had withdrawn the amount from bank but no evidence is produced and also states that he had taken loan from a commission agent but not examined as a witness - Plaintiff in his suit claims that defendant did not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legal liability - Loan transaction - Non-production of material document/account books of business goes against accused to rebut his contentions about advancement of loan to accused and support his contentions that cheque in question was given as security cheque to complainant himself, a commission..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was aged 30 years at the time of accident and worked as a commission agent/salesman with a firm - Future prospects of 40% granted...........
Negotiable Instruments Act, 1881, Section 138, 118, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Loan by Commission Agent - Bahi entries - Such entry not negotiable instrument - Entries alone not sufficient to charge a person with liability as entries in the ledger/bahi entries are not per se admissible - Complainant being commission agent was in a dominating..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Loss of earning from Insurance business - Deceased was working as a Branch Post Master and was also an LIC Agent - Income of deceased/Agent was increasing year by year from 3.5 Lakh to 5 lakh - Due to death of deceased recurring income from insurance business which business agent was expecting to..........
Agreement to sell -- Specific performance - Plaintiff a commission agent - Defendant used to sell his agriculture produce through commission agency of plaintiff - Defendant used to borrow money from plaintiff who used to advance loan to defendant on interest - Agreement to sell dated 13.6.2001 and defendant on 23.11.2002 returned an amount of Rs.45,000/- after more than a..........
Essential Commodities Act, 1955, Section 3, Constitution of India, 1950, Section 226, Constitution of Jammu and Kashmir, 1957, Section 45, 103 -- Writ of mandamus - Fair price shop - Conversion of private ration shops into government controlled depot - Petitioners in no way affected by implementation of new policy as they will continue to run fair price shops on commission..........
Haryana Agriculture Produce Markets Act, 1961, Section 6, 8, Constitution of India, 1950, Article 226, 227 -- Shifting of Market - Preference allotment - Union have no vested right to allotment of sheds on preference basis, as they are not having any title over place, where they are allegedly doing business of commission agent for last more than 25 years - Obtaining of..........
