Civil Procedure Code, 1908, Section 34 -- Money suit - Interest - Effective date - Suit was instituted on 17.08.1993 - Trial and decision of suit has taken more than 7 years 7 months - There being no agreement to pay interest - Claim made by plaintiff for payment of interest on balance amount prior to the institution of suit, is untenable - Taking into consideration record..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque Payment of advocate's fee - Cheque issued by respondent No.1 in favour of appellant on persuasion by appellant for services to be rendered in future by appellant - Held, there was not any existing legally enforceable debt or liability on the date of issuance of cheque by respondent No.1 - Trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Plaint - Amendment - Suit for specific performance - Alternative relief of re-payment of advance consideration received by vendor sought by vendees by way of amendment of plaint before commencement of trial - Held, seeking alternative relief of re-payment of advance consideration..........
Civil Procedure Code, 1908, Section 152, 153 -- Correction of decree - Old plot number sought to be replaced by new plot number in executing proceedings - No dispute regarding identity of land - Lack of due care by plaintiff/petitioner - Held, order passed by executing court/trial court allowing amendment is affirmed with modification that application of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Setting aside of - Imposition of costs - Petitioner has been following up complaint right from the year 2003 i.e. from about 7 years - Held, impugned order liable to be set aside - Complaint is restored to its original number subject to payment of Rs.10,000/- as costs..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent - Non-payment - Eviction - Tenant denies his liability of arrears of rent on ground of documentary evidence and claimed trial on issue of his liability - Documentary evidence did not support his case - Held, he cannot take support of decision of Supreme Court in case of Rakesh Wadhawan and others 2003(2)..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - Appeal - Suspension of sentence - Payment of compensation amount - Held, S.357(2) indicates that even if compensation amount is deposited, payment cannot be made to victim before decision of appeal - It is not always necessary to insist for..........
Indian Penal Code, 1860, Section 67 -- Trial of criminal case at Delhi - Accused coming from Bombay to attend the trial proceedings - Public Prosecutor seeking adjournment - Magistrate imposed cost of Rs.23, 307/- on the State to be reimbursed to the accused on the ground that he has to come all the way from Bombay to attend the trial proceedings and that prosecution had..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused alleged to have issued a cheque in favour of complainant company for discharging debt by way of payment towards chitty - PW1 stated that accused received the amount during 6th installment - Though he admitted that complainant company received payment vouchers and signed chitty..........
Suit for specific performance -- Question as to whether Court can direct a plaintiff in a suit for specific performance (or any other suit) to file an undertaking that in the event of not succeeding in the suit, he shall pay Rs.25 lakhs (or any other sum) by way of damages to the defendant - Held, No - The reasons being (i) Every person has a right to approach a Court of..........
