Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Requirement for at least stating that person who is responsible or in-charge for day-to-day conduct of business of company was also holding his office at relevant point of time when offence was committed - That part of averment whether person was holding office at time of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - No documentary proof was placed on record to show that accused is a handicapped person - Age of accused shown to be 55 years - Thus, accused was not even a senior citizen at the time of deciding of appeal - Leniency shown by Additional Sessions Judge thus, was wholly unwarranted - Accused did..........
Transfer of Property Act, 1882, Section 123 -- Registered gift deed - Gift deed was executed in favour of plaintiff School by predecessors in interest of defendants after obtaining due permission from competent authority - Said gift deed was also registered - There is an admission by defendants regarding existence of school building on suit property - Gift deed is valid...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Merely because wife has chosen to file application after 36 years of marriage, husband who admittedly earns Rs.40,000 p.m cannot absolve of his obligation to pay interim maintenance - No jurisdictional error or apparent error on the face of record in awarding meagre sum of Rs.5,000 to wife as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for non supply of documents to accused inspite of grant of 8 opportunities - Submission made by counsel for the applicant that he himself is ready to pay the cost for non supply the copy of documents - One opportunity is granted to applicant to supply a complete set of complaint..........
Employee's Compensation Act, 1923, Section 4A(1) -- Accident - Compensation - Interest - Liability to pay interest on the amount of arrears/compensation shall be from date of accident and not from date of order passed by Commissioner...........
Employee's Compensation Act, 1923, Section 4A(1) -- Accident - Death of employee - Compensation - Liability to pay compensation immediately arises on death of deceased...........
Civil Procedure Code, 1908, Order 33, Rule 14 -- Death of indigent plaintiff/appellant - Liability of legal heirs of appellant to pay Court fee - When an appeal is preferred by legal heirs of a party to suit, they are bound to satisfy the requirement to maintain an appeal including liability to pay Court fee - No doubt, they can apply for permission to proceed with appeal..........
Civil Procedure Code, 1908, Order 33, Rule 14 -- Death of indigent plaintiff/appellant - Liability of legal heirs of appellant to pay Court fee after disposal of appeal - In case of death of an indigent appellant after disposal of appeal, property and assets of deceased alone would stand liable to answer the recovery U.O.33.R.14 CPC and in that case it is not permissible..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Delay of 8 in filing complaint - Proviso (c) of S.138 of the Act speaks that for drawer of such cheque fails to make payment of said amount of money to payee or as the case may be, to holder in due course of cheque..........