Document -- Deed of undertaking - Plea of issuing blank signed papers alleged to be misused - Held, bald denial regarding genuineness of Deed of undertaking despite admitting signatures does not cast any doubt on the genuineness of said document...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Plea of issuance of blank cheque and signed blank papers - Statutory presumption cannot be obliterated - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Plea of issuance of blank cheque and signed blank papers - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt - Trial Court fell in error when it called upon complainant to explain the circumstances under..........
Document -- Deed of undertaking - Plea of issuing blank signed papers alleged to be misused - Held, bald denial regarding genuineness of Deed of undertaking despite admitting signatures does not cast any doubt on the genuineness of said document...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Plea of issuance of blank cheque and signed blank papers - Statutory presumption cannot be obliterated - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Plea of issuance of blank cheque and signed blank papers - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt - Trial Court fell in error when it called upon complainant to explain the circumstances under..........
Change of land use -- Sealing of premises on the ground that premises were originally purchased as residential units and now unauthorisedly converted to commercial use - Plea that premises were originally purchased as shops - If the premises were actually sold as a shop then there is no reason that sealing should continue - However, it is important to ascertain which of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7, Indian Penal Code, 1860, Section 302 -- Plea of juvenility - Murder - Incident occurred in 1966 and on the date of incident accused was 17 years and 1 month old - Accused was juvenile on the date of incident - Conviction and sentence set aside - However, since accused has already been in custody for..........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Claim for compensation - Plea of developers that there was delay in approval of building plans - Plea held, not tenable as developers are conscious of these delays and cannot set this up as a defence to a claim for compensation where a delay has been occasioned beyond..........
Electricity -- Rebate/deduction from electricity duty - Plea of doctrine of unjust enrichment - Respondent specifically asserted in the petition that burden of differential amount of electricity duty, realized by State from respondent, was not passed by respondent to its customers, either directly or indirectly or in any other manner - Respondent thus, cannot be deprived..........
