Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - While passing order u/s 148 of the Act, Court has to consider that condition of deposit of 20% will not be unjust but also, the fact whether imposing condition would amount to deprivation of right of appeal of appellant - For passing final order u/s 148 of the Act, Court can gather the required..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of cheque amount - It is not mandatory to impose condition to deposit 20% of compensation and Court has discretion to reduce or exempt in appropriate cases...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Not filed within time - Commercial dispute - Commercial Court allowed defendant to file written statement subject to condition that defendant should deposit a sum of Rs.25 lakhs in fixed deposit for three years - Though Court has powers to impose conditions, but conditions so imposed should be..........
Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Whenever a prayer is for suspension of sentence of fine, appellate Court must consider whether the sentence of fine can be suspended unconditionally or subject to conditions - However, Court has to keep in mind that if a condition of deposit of an amount..........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Offence by Company - Signatory of cheque authorized by Company is not a `drawer of the cheque' u/s 148 of the Act, so as to empower the Appellate Court, in an appeal against conviction for an offence u/s 138 of the Act, to direct to deposit compensation of any sum u/s 148(1) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Appeal against conviction - Appellate Court in an appeal against conviction u/s 138 of the Act, could not place a condition to deposit an amount invoking the power u/s 148(1) of the Act, mechanically without considering whether the case falls within exceptional circumstances...........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Setting aside - Non-deposit of balance sale consideration - Bank took the plea of default for the first time through the counter affidavit filed in the writ petition - Parties are not permitted to raise new pleas not contained in the order impugned while assailing the correctness or the validity of..........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Setting aside - Non-deposit of balance sale consideration - Extension of time - Period to deposit the balance sale consideration, as provided under the Rules, is not sacrosanct and is extendable with the consent in writing of parties - R.9(4) of Rules will only come into play when there is default on..........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Setting aside - Non-deposit of balance sale consideration - Non issuance of sale certificate is solely attributable to Bank and that there were no latches, negligence or default on part of respondents in offering to deposit the balance auction amount - Since there is no default on their part,..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Conditional leave to defend - Imposition of condition to deposit an amount in the Court before proceeding further is justifiable and that grant of leave by a Court U.O.37 CPC to defendants to defend the case is discretionary in nature...........
