Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of bank loan - There is no document produced on record with regard to sanction of loan, disbursement of loan, bank statement and what amount is unpaid - Accused cannot be convicted in the absence of evidence to show that loan was in fact disbursed to accused - Acquittal..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compounding of offences at revisional stage - Settlement between the parties and due amount is paid to complainant - Conviction and order of sentence, quashed and set aside with Cost of Rs.10,000/-...........
Will -- Revocation - Agreement entered into in between two beneficiaries - Question as to whether such agreement amount to revocation of Will - In this agreement only two beneficiaries are shown as parties to the agreement and they are described as party No.1 and 2 - Thumb impression of testator appears in the left margin on the third page - Not a case of appellant or any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security for repayment of loan amount - Security in its true sense is the state of being safe and the security given for a loan is something given as a pledge of payment - If loan amount is not repaid in specified time frame the cheque which is issued as security would mature for..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 NI Act and S.420 IPC - Mere dishonour of cheque cannot be construed as an act on the part of accused with a deliberate intention to cheat and mens rea in that regard cannot be gathered from the point the amount had been received - Offence u/s 420..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concurrent running of sentences - Accused already served jail sentence in each 5 cases separately - Accused is in jail to undergo additional jail sentence due to non-payment of fine - Since accused has paid amount of compensation and complainant has accepted it, applicant be released from jail - Thus,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 69% permanent disability - Compensation - Loss of earning during period of hospitalization - Appellant was awarded Rs.12,000 for his hospitalization in aftermath of accident - But the lower figure does not correctly correspond to six months loss, when income was Rs.4500/- pm - Amount thus, enhanced for six months loss as..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 69% permanent disability - Enhancement of compensation - Keeping in view age of appellants, various heads under which he is entitled to compensation, just compensation of Rs.27,67,800 held, awarded to appellant and any amount paid earlier under these heads may be adjusted during payment to appellant...........
Industrial Disputes Act, 1947, Section 25F -- Retrenchment - Irregular appointment - Appointments made on daily wage basis under orders of competent/appointing authority - Merely because their appointments are not in accordance with procedure prescribed under ordinance would not disentitle them from claiming protection under the provisions of the Act - Termination of..........
Lease/Tenancy -- Right of tenant to purchase tenanted property - Tenant stated that landlord orally offered him to sell the lands and he paid full consideration - Documents in question categorically referred to sale transaction, clearly spelling out that amount was towards an installment payable as consideration for purchase of property - Contention of landlord that said..........
