Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - It is acknowledgment of liability on part of drawer that cheque holder may use security as alternate mode of discharging his liability - In the instant case, if cheque is taken as security cheque, then accused has made himself liable as he has not sent any payment to complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards repayment of loan - Particular of loan as to when it was given and amount of loan not disclosed - Defense of accused that cheque was given by way of security and misused by complainant is certainly plausible - Accused rebutted the presumption - Accused rightly acquitted...........
Registration Act, 1908, Section 17(1)(c) -- Memorandum of deposit of title deeds - Does not require registration, if it is a simple document depositing title deed as a security - But when it authorized the lender to take action for recovery of money on the basis of such deposit of title deed, it requires registration and stamp duty...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Capacity to advance loan - Neither loan shown in income tax return nor in any other document - Even, no security document was taken at the time of lending the loan - Moreover, no source of huge amount of Rs.3,50,000/- has been disclosed by complainant -..........
Muslim Women (Protection of Rights on Divorce) Act, 1986 -- Right of Muslim women - Issue regarding gender discrimination - In spite of guarantee of Constitution, Muslim women are subjected to discrimination as there is no safeguard against arbitrary divorce and second marriage by her husband during currency of first marriage, resulting in denial of dignity and security to..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Not positively and immediately clear that defendant has a defence - However, facts leading to inference that defendant may be able to establish a defence to the plaintiff's claim - Held, plaintiff is not entitled to judgment and defendant is entitled to leave to defend - In such a case Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused contended that cheque issued as a security cheque - However, said plea was rightly negated by Courts below on appreciation of evidence on record - More so, accused could not dispute the fact that cheque leaf was from the cheque book issued to him by bank - There is nothing on file that accused..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Security cheques - Loan taken for two years in the year 2007 - Cheques dated of the year 2011 - Contradictory statements of complainant in cross examination as to loan amount and return of amount - Held, security cheques per se does not get out of ambit of S.138 of the Act - However, in the facts..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Mortgage by conditional sale or sale with condition of repurchase - Distinction - In the former case, there is a relationship of debtors and creditors and the transfer is by way of security for repayment of debt, whereas in the later case, there is condition of reconveyance in the event the amount equivalent to the..........
Stamp Act, 1899, Article 6 -- Stamp duty - Loan agreement - Agreement executed between parties does not contain the stipulation in writing about creation of mortgage by deposit of title deeds - Loan agreement only provides for a future eventuality requiring giving of security, which necessarily would not fall within the ambit of Art.6 of Act and the same is not chargeable..........
