Specific Relief Act, 1963, Section 38, 39, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for perpetual and mandatory injunction - Framing of suit was not an issue before trial Court and first appellate Court - Non-suiting plaintiff by High Court on that ground is unsustainable - High Court ought to have accepted plaintiff's case by appreciating documents..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - An offence u/s 138 of the Act has five components: (i) drawing of cheque, (ii) presentation of cheque to the bank; (iii) returning of cheque unpaid by drawee bank; (iv) giving notice in writing to the drawer of cheque demanding payment of cheque amount; and (v) failure of drawer to make payment within..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - S.142 of the Act provides the complainant with the right to lodge a complaint, before a Court within whose jurisdiction the branch of bank where the cheque is delivered for collection is situated...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Jurisdiction of Court - Transfer of case - Mere fact that another Court might also be empowered to take cognizance of matter u/s 142 of N.I Act since the cause of action arose within that jurisdiction, cannot by itself be a ground for seeking transfer u/s..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction of Court - Cause of action - Court gets jurisdiction over the matter if cause of action arises within the local limits of its jurisdiction - Cause of action means whole bundle of material facts which it is necessary for the plaintiff to prove in order to entitle him to succeed in..........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce petition filed by wife - Petition u/s 9 of the Act filed by husband - Wife had left her marital house as per her own accord, without any pressure or any reasonable sufficient cause, which have been admitted in her cross-examination - Allegations of cruelty, demand of dowry, physical violence as well as her desertion from..........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Non-executive and independent Directors cannot be held liable u/s 138 r/w S.141 of the Act, unless specific allegations demonstrate their direct involvement in affairs of Company at the relevant time...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Mere fact that appellants attended board meetings does not suffice to impose financial liability on appellants, as such attendance does not automatically translate into control over financial operations...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Cheques neither issued nor signed by appellants, nor they had any role in their execution - No material on record that they were responsible for issuance of cheques in question - Their involvement in the company's affairs was purely non-executive, confined to..........
