Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned with endorsement 'addressee left' - In absence of proof that endorsement was mala fide, service of notice cannot be presumed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Jurisdiction - Courts where any of the five acts are done have jurisdiction to entertain complaint, viz. (a) Drawing of the cheque; (b) Presentation of the cheque to the bank; (c) Returning the cheque unpaid by the drawee bank; (d) Giving notice in writing to the drawer of the cheque demanding payment to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Jaipur - Cheque issued of a bank at Delhi - Cheque presented at Mumbai - Notice issued from Mumbai where registered office of the complainant company is situated - Complaint filed at Mumbai - Held, Court at Mumbai has jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Suit in representative capacity - Notice regarding - Notice was given to residents of village for 11th August - Case not taken on that date - It was taken on 12th August - Some residents of village sent applications through post which were not considered by Court - These applications were received on 21st August - Held, matter..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Original when in possession of a person not a party to the suit - For grant of permission to lead secondary evidence it is essential and necessary to secure the presence of that person by taking the summons from the Court and it is not sufficient to say that a notice was issued to the said person for production of..........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Exemption - Grant of permission for instituting suit u/s 80(2) CPC has nothing to do with the merit of interim injunction application...........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Exemption - Defendant started interfering in peaceful possession of plaintiff by demolishing his boundary wall - Apprehension of plaintiff was not without basis - Application u/s 80(2) allowed...........
Criminal Procedure Code, 1973, Section 145, 146 -- Police submitted report regarding existence of situation likely to cause breach of peace due to dispute regarding possession of properties - Magistrate after issuing notice to both the parties, prohibited them from using properties and directed them to maintain status quo - Held, under section 145 Cr.P.C. no interim order..........
Criminal Procedure Code, 1973, Section 482, 472, Andhra Pradesh (Agriculture Produce and Live Stock) Markets Act, 1966, Section 23(1), 7 -- Complaint filed against petitioner for offence indictable u/s 23 of the Act of 1966 on the allegations that petitioner, wholesale dealer in notified agricultural produce failed to pay license fee as required u/s 7 of Act of 1966..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Demand notice - Sent through registered post at correct address - Postal authorities sent intimation to accused about the registered cover - Held, it is proper service of notice...........
