Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - From the record its appears that there are no particulars regarding existing liability as to how much money has been given and when it was given - There is nothing on record as to in whose presence and at which place loan..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Leave to appeal against acquittal - Complainant in his cross examination stated that he does not know as to for what purpose accused has taken money from him - Even, complainant has not shown loan paid by him to accused in his income tax..........
Service Law -- Reversion - On grounds of fraud and suppression of fact that appellant does not possess requisite qualification - Appellant appointed as Bill Clerk after verification of his qualification and through process of competitive examination followed by an interview - In show cause notice, appellant had explained that at the time he appeared in matriculation..........
Patents Act, 1970, Section 3(j), 64, 48 -- Suit for injunction - Infringement of registered patent - Counter claim of defendants was never considered by single judge as admittedly issues were complicated and required expert evidence to be considered in full fledged trial - Thus, in the absence of any argument before single judge, Division Bench in appeal cannot examine..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of possession is a disputed question of fact which cannot be disturbed while exercising power u/s 100 CPC, until and unless findings given by Courts below are perverse...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Plea that cheque got dishonoured on 14.02.2000 and notice was issued on 11.03.2000 therefore notice was time barred - Plea held, not tenable as dishonour of cheque was communicated to accused on 26.02.2000 and as such notice was within time - Accused convicted...........
Constitution of India, 1950, Article 227 -- Writ petition - Maintainability - Order allowing application u/s 311 Cr.P.C - Appeal against such interlocutory order is barred u/s 21 of National Investigating Agency - Writ petition u/art 227 of Constitution against such order is maintainable...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff failed to prove his readiness and willingness to perform his part of the contract - Lower Courts on appreciation of evidence recorded finding against plaintiff - No material perversity or illegality in said finding pointed out by plaintiff - Court is not inclined to reappreciate entire..........
Civil Procedure Code, 1908, Order 33, Rule 1, Civil Procedure Code, 1908, Order 44, Rule 1, 3 -- Indigent person - Permission declined to institute suit as indigent person - Not a bar to file appeal as an indigent person - Appellate Court to hold inquiry as contemplated U.O.44.R.3(2) of the Code and to pass appropriate orders...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - High Court did not discuss nor dealt with any issues arising in the case nor dealt with submissions urged by appellant and why appeal did not involve any substantial question of law - Impugned order set aside...........
