Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Plea of accused/petitioner that amount had already been paid to complainant/respondent and nothing was due and that blank cheque was given as security at the time of disbursement of loan - ASJ categorically recorded that petitioner having failed to produce any evidence that he..........
National Security Act, 1980, Section 3 -- Preventive detention - Somebody else in similar case granted bail - There is no presumption that in the instant case had the detenu applied for bail he could have been released on bail - As the detenu in the instant case has not moved the bail application and no other co-accused, if any, had been enlarged on bail, resorting to the..........
National Security Act, 1980, Section 3 -- Preventive detention - Detenu already in custody - No prohibition in law to pass detention order against such person - However, if detention order challenged, detaining authority has to satisfy Court following facts: (1) Authority fully aware of fact that detenu actually in custody; (2) Real possibility of his release on bail and..........
Electricity Act, 2003, Section 47, 61, 86, 181 -- Quantum of security consumption - Regn.15 of 2007 Regulations supply Industrial consumer will maintain as security with License an amount equivalent to consumption charge (i.e. fixed and variable charges as applicable) for two and a half months where bimonthly billing is applicable and one and a half months in case of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Objection of petitioner that cheques were given for security of debt - Prima facie cheques were not given for security purpose but were given for payment of money lent to petitioner - Petitioner could not establish any of the ground..........
Constitution of India, 1950, Article 14, 73, 19(i))9 -- Haj Policy for year, 2012 - Private tour operators - Registration - Requirement of having minimum turnover of a 1 Crore - Not unreasonable considering that turnover on basis of a quota of 50 Haji Pilgrims alone is not less than Rs.75 Lakh - So is about condition to make security deposit of 25 lakhs - It further..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceeding - Quashing sought on the ground that cheque was not issued in discharge of a legal liability and was issued as a security - Held, this fact can be ascertained only after parties lead their evidence - This issue cannot be decided in a..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Complainant alleged that accused gave cheque in question towards discharge of liability of price of grains purchased by him - There was no documentary evidence to show transaction - Complainant did not return cheques taken as security despite payment - Held, possibility of..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning orders - Quashing of - Cheques issued by petitioners against supply of desktop were dishonoured - Plea taken by petitioners that cheques were issued as security and not as a liability - Held, it has to be presumed that when a cheque was issued..........
Specific Relief Act, 1963, Section 34 -- Recovery of possession - Boundaries mentioned in purchase certificate issued in favour of vendee and as claimed by vendor in plaint schedule were same - Correction of survey number by Land Tribunal without notice to vendor, not improper - Security fence separating plaint schedule on north and west side of property constructed by..........
