Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Liability u/s 138 of the Act is civil in nature and in case the parties have arrived at compromise, same should be accepted to give quietus to litigation...........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Cause of action - Suit for compensation and damages - Plaintiffs have based their claim on acknowledgement of liability and agreement to pay amount in question, which was allegedly made within limits of Court at place `I' - On account of failure and refusal of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to deceased son who died during pendency of proceedings - Liability of father - Son died in a road accident during pendency of proceedings - Father's liability to maintain son continued from date of order till date of his death and thus, liable to pay maintenance to mother as maintenance allowance for son...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major unmarried daughter - Father's liability to maintain daughter is limited till date she attained majority, unless her inability to maintain herself is attributable to her physical or mental abnormality or injury...........
Constitution of India, 1950, Article 366(29A)(d), Karnataka Sales Tax Act, 1957, Section 2(t), 5C -- Deemed Sale - Transfer of right to use tug - Liability to pay tax - Taxable event is transfer of right to use goods regardless of when or whether goods are delivered for use - Deemed sale takes place at site where right to use goods is transferred - It is of no relevance..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between truck and car - Five passengers including driver of car died - Contributory negligence - Accident took place at Toll Plaza - Vehicles normally slow down at Toll Plaza - In fact Truck in question was heavily loaded - Question of driving at fast speed cannot be believed - Moreover, Alto car in question hit..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - A Person who signs a cheque and makes it over to payee remains liable unless he adduces evidence to rebut presumption that cheque had been issued for payment of a debt or in discharge of a liability - It is immaterial that cheque may have been filled in by any person other than the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Admittedly, as per complaint only Rs.65 lac was advanced to accused out of which as per admission made by complainant Rs.60 lac has been repaid by accused which shows that cheque amount was not outstanding towards accused - Hence, amount is not a recoverable debt - Cheque cannot be..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Neither petitioner was director of company when cheque in question was issued nor petitioner was responsible for conduct of business of company at relevant time - Therefore, no vicarious liability can be fastened upon petitioner u/s.141 of the Act for..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Requirement of S.141 of the Act is that person sought to be made liable should be incharge of responsible for conduct of business of company at relevant time...........
