Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question lost during transit - Original cheque was produced by complainant and the same was lost in transit during trial - Cheque was dishonoured for the reason `Payment stopped by drawer' and not that signature on cheque differed or that signatures were forged - Cheque now reconstructed -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Even if details in cheque are filled by another person is not relevant to the defence whether cheque was issued towards payment of a debt or in discharge of a liability...........
Registration Act, 1908, Section 17, 49 -- Registration - Document in question is a sale deed showing conveyance of title - It is compulsorily registrable u/s 17 of the Act - Payment of stamp duty and penalty is not a ground to admit the document in evidence - Document cannot be admitted in evidence on the ground of collateral purpose/transaction for the reason that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Right of accused to cross-examine complainant closed after giving him sufficient opportunities - However, accused cannot be deprived of his right to defend himself since right to cross-examine is akin to right to defend - Although ample opportunities have been granted to accused and matter is pending..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Unconditional undertaking - Defendant has given an unconditional undertaking that he would repay the amount without raising any objections and failure to make the payment, discretion is given to payer to recover it by initiating proceedings against properties held by defendant/maker - Unconditional..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order taking cognizance - Disputed questions involved in the matter with regard to payment of amount with respect to cheque in question - However, date of return memo of cheque whether it is within time or not and amount in question was required to..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Relationship between parties of landlord and tenant not in dispute - Plaintiff had issued the notice demanding vacant possession of tenanted premises and payment of arrears of house rent within 15 days - Defendants has chosen not to contest the suit by leading evidence in counter - Courts..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem Court fee - Plaint rejected as plaintiff failed to deposit ad valorem Court fee despite granting two opportunities - However, considering nature of litigation, it is in the interest of justice that case is decided on merits and therefore, impugned order set aside subject to..........
Service -- Compulsory retirement - Provident Fund - In the enquiry report quantification of loss caused not recorded - In the charge sheet, allegations causing loss and quantifying the amount of loss not specified - An opportunity not afforded to the employee on the issue of causing loss or damage to the Bank, prior to the passing of resolution of appropriation of the..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Complaint filed prior to introduction of S.143-A of the Act - Since application of S.143-A of the Act was held to be prospective in nature, trial Court committed error in directing payment of interim compensation - Order of interim compensation quashed...........
