Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Plea that notice was returned as same was sent to wrong address - Notice whether amounts to proper notice is a matter of evidence - Complaint cannot be quashed without giving an opportunity to complainant to prove issuance of legal notice...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Termination of licence - Suit for mandatory injunction lies with the only rider that suit is filed without any delay - If after termination of licence suit is not filed within three years then plaintiff has to file suit for recovery of possession...........
Court Fees Act, 1870, Section 7(v)(II), 7(iv)(B) -- Termination of licence - Suit for mandatory injunction - Plaintiff acted promptly in instituting the suit - Suit for mandatory injunction would be maintainable - Fixed Court fee paid by plaintiff is correct and proper...........
Evidence Act, 1872, Section 114, 106, 120 -- None appearance of plaintiff as his own witness - Suit filed on behalf of Trust through its trustee/wife - Husband is competent enough to prove pleading of plaint being one of trustees of trust and also authorized to depose u/s 120 of Evidence Act - Non-appearance of wife being plaintiff witness in support of pleading of plaint,..........
Essential Commodities Act, 1955, Section 7, Fertilizer (Control) Order, 1985 -- Cl.19 - Conviction - Held, the Fertilizer Inspector failed to draw the sample in accordance with the procedure as contained in para 5 of Schedule II of the 1985 Order - No plausible explanation for deviating from the standard procedure was made by the prosecution - Therefore, Accused are..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 27(a), 37 -- Bail - Trial is expected to take a long time and is not going to conclude in future - Therefore, by S.37 of the Act accused is not precluded from claiming bail invoking parameters of Article 21 of the Constitution of India - Bail granted...........
Limitation Act, 1963, Section 14, 5 -- Exclusion of time is different and cannot be equated with condonation of delay - Period once excluded, cannot be counted for the purpose of computing period for which delay can be condoned...........
Limitation Act, 1963, Section 5, 14 -- Condonation of delay - Writ petition not entertained on the ground that appellant should approach Appellate Authority - Bona fides of appellant in filing writ petition not challenged - Appeal filed immediately after dismissal of writ petition - On exclusion of said period, appeal would be within condonable period - Delay condoned -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - If cheque return memo is not bearing any official stamp of bank, it does not render the cheque return memo as invalid or illegal...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Cheque return memo - Neither S.138 nor S.146 of NI Act prescribes any particular form of cheque return memo - Cheque return memo is nothing but a mere information given by the Banker of the due holder of a cheque that cheque has been returned as unpaid...........
