Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - Information as to dishonour of cheques received on 11.05.2001 - Demand notice dated 18.05.2001 served on petitioner on 04.06.2001 - Complaint filed on 09.07.2001 - Held, complaint well within period of 30 days from the date of cause of action, u/cl.(c) of proviso to S.138 of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219(1) -- Dishonour of cheque - Four cheques - Single complaint is maintainable - All four cheques dated 27.07.2011 presented on same day in pursuance of agreement entered into between parties - Said cheques were returned on same day - One statutory notice issued in respect of all four..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Absence of specific averment with regard to service of notice - Complaint cannot be thrown at the threshold, if the complaint and the documents in support thereof disclose that the notice was dispatched at the address of the drawer - Complaint, however, must contain basic facts regarding the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered speed post - Complaint filed after about 23 days from the date of dispatch of notice - After excluding 15 days period of notice, there still remain a margin of 7 days - Complaint cannot be thrown at the threshold as premature as it is always open for the complainant to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Notice was directed to business address of accused - According to complainant, accused received notice by putting his initial - Non-examination of any witness from concerned courier service - Held, it cannot be a ground to record an acquittal of accused from charge framed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Notice issued calling objections from defendant prior to granting any injunction order - No illegality or infirmity in the order - Trial Court to decide application in accordance with law expeditiously...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application initiated at the instance of one defendant - Ex parte decree set aside against all the defendants - Court is not required to serve notice to unserved defendants or defendants who had not approached for notice again...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Suit in a representative capacity - Objection regarding non compliance of the mandatory provision - Available only to a party who was not arrayed in the list attached with the application and had been adversely affected by the decision of the suit - Objection raised at the behest of those defendants who were served notice is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Cheque issued for payment of liability of Rs.19,28,000/- in favour of complainant dishonoured - Complainant sent a legal notice to applicant which was received by him - Money was not paid within statutory period of 15 days -..........
Transfer of Property Act, 1882, Section 114, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 30 - - Eviction - Invalid notice - Notice determining tenancy was given through manager of institution - It was not signed both by President and Manager as required under bye-laws of institution - Held, notice is invalid one and,..........
