Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Loan of Rs.3 lakhs repaid by cheque - Plea of taking loan of Rs.2 lakhs again - Taking loan of Rs.2 lakhs again neither mentioned in complaint nor in notice and deposition - Accused is to rebut the presumption by preponderance of probability which he is successful to rebut the same by..........
Agreement to sell -- Specific performance - Legal notice claiming readiness and willingness issued on 12.11.1996 but suit filed on 13.10.1999 and that too for mandatory injunction - Plaintiff not entitled to discretionary relief of specific performance...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Once Court of Rent Controller chose to issue notice to tenant and tenant has already died, it was incumbent on Court to direct landlord to file an application for bringing on record legal heirs...........
Negotiable Instruments Act, 1881, Section 138 -- Proviso - Dishonour of cheque - Demand notice - Notice returned unclaimed and received by complainant on 14.9.2000 - Such date would be commencing date in reckoning period for 15 days contemplated u/s 138 Proviso Clause (c) of the Act - Since payment could have been made upto 29.9.2000 but when it is not made, cause of..........
Limitation Act, 1963, Article 113 -- Limitation - Suit for specific performance - Suit land was subjected to acquisition - However, acquisition proceedings came to be quashed and set aside at the instance of plaintiff - Plaintiff thereafter served a legal notice upon defendants calling upon them to execute sale deeds, which came to be refused by reply notice and thereafter..........
Agreement to sell -- Specific performance - Agreement in question is proved on record - There was no fraud or misrepresentation at the time when agreement to sell was entered into - Plaintiff was always ready and willing to perform his part of agreement as he had put to notice defendant to reach Registrar's office - Relief of specific performance granted to plaintiff...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Date of service of notice from which date cause of action arises i.e date of return memo as per provisions of S.138 of the Act is completely missing in the case - Period of complaint being filed from date of service of notice i.e within one month is also not complied in the case - Main ingredients of..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiffs are only legal heirs of deceased and mutation of inheritance is liable to be entered and sanctioned in their favour - Suit filed against general public - Respondents being a member of general public has every right to contest suit - Even otherwise,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross-examination of complainant - Once complainant has brought forward his case by giving his affidavit about issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as to, on what point he wants to cross examine..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Defence plea of accused - Once summoning order is issued in the case, it is obligation of accused to take notice u/s 251 Cr.P.C, if not already taken and enter his/her plea of defence before concerned Metropolitan Magistrate's Court and make an application, if they want to recall any witness...........
