Adverse possession -- Suit for declaration of title on the basis of adverse possession - Plaintiff sought prescriptive title on the basis of UDR patta issued in his name - However, said patta have no seal of official who signed the document - Even, date of document also not mentioned - Patta was issued in favour of plaintiff without notice to defendants, who were original..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Accused admittedly availed the credit facility to the tune of Rs.77 lakhs from complainant bank and in order to repay the sum he issued two cheques which got dishonoured - He admitted his signatures on the cheques in question - However, accused had not even sent any reply notice though she was in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused had not questioned the financial capacity of complainant in her reply notice - Complainant in the absence of a specific averment in reply notice with regard to his financial capacity cannot be expected to prove his means at the fag end of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Initial burden cast on complainant discharged by him - Defence of accused that cheque has been issued in favour of one `P' and misused by complainant to file a false case against accused not proved, as no positive action is taken by accused like filing a police complaint or issuing a legal notice or..........
Civil Procedure Code, 1908, Order 9, Rule 3 -- Dismissal of suit for default - Plaintiff remained absent on five consecutive dates which shows that plaintiff was no longer interested to pursue the suit filed against defendant - Defendant also never entered appearance despite receiving notice from Court - Suit rightly dismissed for non-appearance of parties...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Inadvertent omission in the memo of parties - First appellate Court has erred in failing to notice that there was only an inadvertent omission in the memo of parties prepared by trial Court - However, First appellate Court could have either itself ordered the correction memo of parties of trial Court or directed..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and daughter - Husband is Government employee serving in Fire Service Department and drawing Rs.40,000 pm as salary - He was not paying any maintenance to wife - Husband inspite of receiving notice did not take part in hearing - However, main case is still pending for adjudication - Interim..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Service of summons - Family Court proceeded ex parte against husband after simply noting that registered cover notice issued received back with the report of refusal - Details of such refusal are missing in the said order - Moreover, there is total non-compliance of provisions of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When accused in his reply notice admitted the transaction of availment of loan and when he admits that cheque belongs to him and it bears his signature, question of accused disputing the transaction does not arise at all...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When accused in his reply notice admitted the transaction itself, calling upon complainant to prove the transaction again does not arise at all - It is for accused to rebut the presumption, but he has not taken any pain to substantiate his claim regarding repayment - Accused..........
