Civil Procedure Code, 1908, Order 21, Rule 35, Civil Procedure Code, 1908, Order 20, Rule 12, Civil Procedure Code, 1908, Order 7, Rule 3 -- Execution - Decree for possession and mesne profits - Description of property - Suit was in respect of Plot No.4/4 and mesne profits and damages were awarded in respect of said plot - Decree thus, not executable against adjacent plot..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and finger print expert - Accused stated in his statement u/s 313 Cr.P.C that cheque in question did not bear her signatures - Merely because cheque was dishonoured on account of insufficient funds and not on the ground of signature differs would not lead to..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction - Transfer of case - S.142(2)(b) of the Act provides that the offense u/s 138 of the Act shall be inquired into and tried by a Court within whose local jurisdiction, if the cheque is presented for payment by the payee or holder in due course, the branch of the drawee bank where the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Arraying of a proprietor as an accused or a proprietary concern represented by proprietor is sufficient compliance with the requirements of S.138 of the Act - Proprietor and proprietary concern not required to be separately arrayed as a party accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder can file a complaint, can depose an affidavit as also record his sworn statement in a proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Original cheque, original written memo and other relevant papers fell on road in transit - On the same day police complaint was lodged - While issuing process, the documents were before Magistrate - When documents were lost then necessary permission..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Fine forms part of sentence when Court imposes imprisonment and fine - In such cases, Court has to order payment of compensation from amount of fine as provided u/s 357(1)(b) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant proved that accused issued cheque after availing loan of Rs.3,50,000 - Complainant proved his initial burden entitling him to get benefit of presumptions u/ss 118, 139 of N.I Act - However, accused did not adduce any evidence to rebut said presumptions - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - Power of revision available to High Court u/s 401 r/w S.397 is not wide and exhaustive to re-appreciate evidence to have a contra finding...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - If there is non-consideration of any relevant materials or fundamental violation of principle of law, then only power of revision would be made available...........
