Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant was an illiterate lady and accused was an educated person - PW1 spoken about lending of money and presentation of cheque - Duty is thus, cast upon accused to establish how his personal cheque went to the hands of complainant - No explanation is forthcoming from accused - Neither accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice - Serving the notice at the address of drawer whether it is received by him personally or his agent or any adult member in that address or even refused to receive is a sufficient compliance of service...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Demand notice - Service of notice - If a drawer of cheque is a Company or partnership firm, notice should be served on Company in writing as mandated u/s 138(b) of the Act - Proof of that service can be only acknowledgement of serving the notice on representative of company is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice - Seal of first accused/partnership firm is affixed and a representative of first accused have signed postal acknowledgement card - Notice sent to second accused same person in the said address had signed and fixed seal acknowledging the receipt of notice - Affixture of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Only requirement is that it should be a notice to demand cheque amount which was returned without realisation and there is no requirement to narrate under what circumstances cheque was issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non reply to demand notice - It is not mandatory or compulsory, on the part of accused, to reply statutory notice but its purpose is to advance his defence and make complainant to know about the defence...........
Negotiable Instruments Act, 1881, Section 98(c) -- Suit for recovery on the basis of dishonoured cheque - When cheque is dishonoured for insufficiency of funds, drawer is not entitled for a notice of dishonour, as provision of S.98(c) of the Act provides that no notice of dishonour is necessary when party charged could not suffer damage for want of notice...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Complaint u/s 498-A IPC filed by wife does not loses its significance merely because it was filed after receiving divorce notice from husband...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff averred and established that he sent a letter through registered post with receipt and served a legal notice through his counsel upon defendant requiring him to execute the sale deed - He also established that he kept the balance sale consideration to be paid to defendant in the shape of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In bank memo reason for dishonour of cheque mentioned `account blocked' - However in notice and complaint reason for dishonour of cheque is mentioned as `Insufficient funds' - There is significant defect in complaint as cause of action of dishonour of cheque is wrongly mentioned - Cause of action shown..........
