Agreement to sell -- Execution - Defendants admit their signatures/thumb impressions on agreement - They not only signed agreement but also endorsements executed on various occasions in token of receipt of part payments - Though defendants have taken a plea that their signatures were obtained on blank papers, however, they failed to prove the same - Agreement to sell is..........
Agreement to sell -- Refund of earnest money - Defendant not having valid title for the total land for which he entered into agreement to sell - Plea that defendant was entitled to forfeit the money is without any basis as fault did not lie on the part of plaintiff and it was not that he was not ready and willing to get the sale deed executed - Earnest money rightly..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Plea of bar of jurisdiction u/s 11(6) of the Act - Objection when not raised in the first application can be raised in the second application...........
Jurisdiction -- If there is inherent lack of jurisdiction, plea can be taken at any stage and also in collateral proceedings - A decree passed by a Court without subject matter jurisdiction is a nullity and that its validity can be set up whenever and wherever it is sought to be enforced or relied upon - Such a defect of jurisdiction cannot be cured even by consent of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea of accused that notice was served upon son of accused and not upon accused - Plea held, not tenable as notice was sent through two modes once through registered post and another through courier service and so far as registered post is concerned same was served upon accused for which..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Admittedly, accused has not led any defence evidence - Considering nature of transactions between parties and read with presumption u/s 139 of the Act that cheque was issued against discharge of existing debt or other liability, plea of accused that cheque was issued by way of..........
Indian Penal Code, 1860, Section 499 -- Defamation - Privileges recognized u/s 499 IPC are qualified - However, in a civil action of defamation, plea of absolute privilege is a valid defence...........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Two defamatory statements were made by accused against complainant - As far as first statement is concerned, it is doubtful whether it would attract ingredients of offence defined u/s 499 IPC as against accused - However, second statement that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Accused should raise his pleas before trial Magistrate u/ss 251, 263(g) Cr.P.C. - Along with his pleas, he can file necessary documents and can also file an application u/s 145(2) of the Act to recall complainant to cross examine him on his plea of defense - However, only after..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of defence - Accused alone has to take plea of defence and burden cannot be shifted to complainant, as it is within special knowledge of accused as to why he is not to face trial u/s 138 of the Act...........
