Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to : (a) An offence u/s 138 of the Act is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that amount exceeds the arrangement made with bank; (b)..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Possession with respect to tenanted premises - Tenancy admitted - Since rent is more than Rs.25,000/- as such protection of Rent Act is not available - Monthly tenancy terminated by notice u/s 106 TPA - Service of summons in suit can be taken as notice u/s 106 TPA - Court committed gross illegality in..........
Transfer of Property Act, 1882, Section 106 -- Notice - Service of summons of suit can be taken as notice u/s 106 of Transfer of Property Act, 1882...........
Contempt of Courts Act, 1971, Section 12, 15, Constitution of India, 1950, Article 129 -- Contempt of Court - Notice of contempt issued but not served for 20 years - Proceedings dropped - Contemner now 94 years old and he is not able to respond to charges due to old age and illness - Contempt proceedings not pursued further to find out criminality against contemner, thus..........
Criminal Procedure Code, 1973, Section 389, 439 -- Grant of bail u/s.439 Cr.P.C. and u/s.389 Cr.P.C. - Distinction - Held, in case of S.439, only notice to public prosecutor, unless impractical, be given before granting bail to a person who is accused of an offence which is triable exclusively by Court of Sessions or where punishment for offence is imprisonment for life -..........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Company - Directors - Quashing of complaint - Intimation of notice given by postal department as notice was not claimed - Notice returned with postal endorsement `not claimed' - Averment in complaint that all the applicants are equally responsible for the offence committed by them and they..........
Agreement to sell -- Specific performance - Time fixed for performance of contract was six months for obtaining permission from various authorities by seller or 60 days from the date seller obtained various permissions - Non-obtaining of various permissions by seller within six months, ought to have been put to notice that seller was refusing to perform his part of..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Service of demand notice - Quashing of complaint - Validity - High Court quashed complaint on the ground that there was no proof either that notice was served or it was returned..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Husband made genuine attempts so that wife joins his society but it is only on account of her adamant attitude, his attempts proved abortive - Wife also admitted that her husband sent notice requiring her to join him and to lead a happy marital life but she is not willing to stay..........
