Consumer Protection Act, 1986, Section 2(1)(d)(ii), 2(1)(o) -- Consumer - Medical Officer employed in hospital rendering service on behalf of hospital, free of charge - Such service cannot be treated as service for the reason that it has been rendered by medical officer in hospital who receives salary for the employment in the hospital - Such service is outside the purview..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Permission to go abroad - Cheating - Dispute is about a loan of Rs.11 crores for which Promoters/Directors have already mortgaged 26 acres of factory land and a 8 kanal house in Chandigarh and thus interest of..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonor of cheque - Presumption - Appeal against acquittal - No valid documentary evidence produced by complainant for substantiating legality or existence of any legally enforceable debt or other liability on part of accused - Even, said debt/liability is not reflected from relevant balance-sheet which was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - It cannot be said that accused issued cheque in question in discharge of his legally enforceable debt or liability - Even, complainant failed to establish his case and therefore, there is no illegality committed by trial Court in acquitting accused - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Evidence of complainant by way of affidavit - There is no reason for insisting on evidence of witnesses to be taken on oath...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Legally enforceable debt - Whether there is outstanding debt at the time of drawing of cheque or includes drawing of a cheque for a debt that is incurred before the cheque is encashed - Once payment becomes due, complainant is entitled in law to present the cheque for payment - Merely..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for non-prosecution - As per complainant, amount involved in the case is huge and complainant has good case on merits - Complainant submits that if complaint is not restored, complainant will be put to immense hardship and the same will lead to miscarriage of justice - Order of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation stands received by complainant - Complainant has no objection in compounding the offence - Conviction and sentence set aside - However, since complainant was unnecessarily dragged to institute legal proceedings against accused that too for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - There is nothing on record as to how complainant was having the balance of this amount - Even, there is nothing on record regarding books of accounts - Courts below rightly acquitted accused from the charge u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Is rebuttable presumption and onus is on accused to raise probable defence - Standard of proof for rebutting presumption is that of preponderance of probabilities - In instant case, accused has succeeded in rebutting presumption, showing preponderance of probability..........
