Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Complainant No.2 filed complaint as power of attorney of complainant No.1 - Authenticity of copy of General Power of Attorney in his favour was not proved - He also failed to prove that he was authorized or entitled to possession of cheques in his name - Held,..........
Agreement to sell -- Specific performance - Time not essence of contract - In case of sale of immovable property, time is never regarded as essence of the contract - Rather there is presumption against the time being essence of the contract - However, Court may infer that it is to be performed in a reasonable time from the expressed terms of the contract, from the nature..........
Negotiable Instruments Act, 1881, Section 138,139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Legally enforceable debt - Rebuttal - Answers given by accused in his statement u/s 313 Cr.P.C. does not amount to rebuttal - Unless accused denies consideration and denies existence of debt or liability by examining himself as a witness during trial, it..........
Negotiable Instruments Act, 1881, Section 138, 139 - - Dishonour of cheque - Conviction - Validity - Issuance of cheques by petitioner and the same having been stopped payment by him is not in dispute - Legal notice that was issued by respondent/complainant was also, admittedly, received by petitioner - He neither replied the same nor controverted - Held, presumption of..........
Motor Vehicles Act, 1988, Section 86 -- Central Motor Vehicles Rules (1989), R.85 - Permit of contract carriage buses - Cancellation of - Validity - Names and addresses of passengers or hirers of vehicles never noted - No long book maintained - Neither any receipt issued to hirer nor any counterfoils of same produced - In absence of documents, verification whether bus was..........
Punjab Land Revenue Act, 1887, Section 42(2) -- Brick earth - Whether brick earth which belongs to the private owners, which is a minor mineral would vest in the appellant-State? - Entry in wazib ul arz when translated in English showed that there was no old building, nazul land, mine stone, coal, etc. in village and in future, any such thing if discovered then, it would..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof of - Criminal jurisprudence - Held, it is one of the fundamental principles of criminal jurisprudence that an accused is presumed to be innocent till he is proved to be guilty - It is equally well settled that suspicion howsoever strong can never take the place of proof - There is indeed a long distance between..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Standard of proof - Held, a case u/s 138 being a criminal case the quantum of proof which is required to be proved by a party in order to procure conviction should be beyond reasonable doubt - No doubt, by virtue of S.139 there is a presumption of cheque having been issued for a legally payable debt or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Case of complainant/respondent that cheque issued by accused/applicant towards security of payment for work to be carried out by complainant was dishonoured - Nature of transaction disputed by applicant on basis of her own..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Accused deposed that in the year 2001, appellant /complainant gave him Rs.50,000/- as hand loan - There is no cross examination with regard to this fact - Defence that cheque in question was given towards security has gone unchallenged - Appellant/complainant did not adduce any..........
