2018 (10) TMI 906
Forgery - purchase of vehicle - draft book was lost/stolen from the Branch and the alleged draft was prepared by forgery - Held that - Reading of Section 8 & 9 of the N.I. Act together and the principles when are translated in the facts of this case would show that the respondent Ramesh Kumar placed a draft with the appellant which was routed through for collection by the bank of appellant namely Allahabad Bank to the Punjab National Bank on ....... + More
2018 (10) TMI 708
Interest awarded by the Tribunal - international commercial arbitration - Section 37 of the Arbitration & Conciliation Act, 1996- Held that - The rate of interest awarded must correspond to the currency in which the award is given, and must be in conformity with the laws in force in the lex fori - In the present case, the international commercial arbitration having its seat in India, the rate of interest to be awarded must be in accordance wi....... + More
2018 (10) TMI 707
Handing over all the original documents of accounts of Amrapali Group of Companies from the year 2008-2015 and 2015-2018 of 46 companies - petitioners stated that the orders of this court have not been complied with and as per the e-mails, the documents have not been handed over and only skeletal documents of two companies have been handed over, namely of Amrapali Zodiac and of Amrapali Princely Estates. - Held that - It is not only deliberate no....... + More
2018 (10) TMI 665
Restraining defendant from infringing the trademark GOLD WINNER - It is the claim of the plaintiff that the trademark GOLD WINNER was originally coined and adopted by the plaintiff in the year 1999 in respect of different varieties of Dhall and Flour preparations - It is also the claim of the respondent/plaintiff that in order to safeguard the rights acquired over the said trademark, they applied and obtained registration for the mark GOLD WINNER....... + More
2018 (10) TMI 664
Dishonor of Cheque - settlement of liability - offence under Section 138 of the Negotiable Instruments Act - validity of criminal proceedings - Held that - In the present case, it is only a money transaction and the complainant has also received the amount from the petitioner/ fifth accused and in this regard a memo of compromise has also been jointly filed by the petitioner and complainant. Therefore, the complainant s interest lies primarily in....... + More
2018 (10) TMI 663
Dishonor of Cheque - recovery of loan - Section 138 of Negotiable Instrument Act - case of petitioner is that they never issued any cheque and never be the signatory to the alleged cheque issued by the petitioner - Held that - Admittedly, the cheque has been issued from the current account of CANNAN CITY signed by one P.David Rajan as its Proprietor/authorised signatory. The petitioner/accused is not the signatory to the said cheque issued to the....... + More
2018 (10) TMI 662
Does the Commercial Court have power to take on record, the written statement which is presented beyond the period of 120 days from the date of service of summons on sufficient grounds, preventing the defendant from filing the same being made out? - Held that - The Act envisages that the commercial disputes of specified value shall be dealt with by the Commercial Courts. Appeals against the judgment of the Commercial Court would lie before the Hi....... + More
2018 (10) TMI 480
Quashment of FIR registered against petitioner - offences under Sections 420, 463, 464, 467, 468 and 471 of IPC - interpolation of records - it was alleged that membership is tainted and Samiti has no alive legitimate member. - Held that - Even if the dispute in respect of membership attained finality till the State Government level (although writ petition is still pending) but in the civil dispute, the issues were different. Here the elements of....... + More
2018 (10) TMI 479
Dishonor of Cheque - recovery of loan amount - Section 138 of Negotiable Instruments Act - the signature found in the cheque was admitted by the accused - presumption under Section 139 of N.I.Act - Held that - It is an admitted fact that in 2003 itself, the bank authorities who have lent the loan to the accused company issued a notice under Section 132 of SARFAESI Act for taking symbolic possession. But, as per the case of the complainant, only i....... + More
2018 (10) TMI 410
Dishonor of Cheque - Section 138 of the Negotiable Instruments Act - judgment of acquittal, recorded by the learned trial Court - appellants/complainants, has concertedly and vigorously contended qua the findings of acquittal, recorded by the learned trial Court standing, not, based on a proper appreciation, by it, of the evidence on record, rather, theirs standing sequelled by gross mis-appreciation, by it, of the material on record - statutory ....... + More
2018 (10) TMI 409
Dishonor of Cheque - Section 138 of Negotiable Instruments Act - it is submitted by the Counsel for the respondent that the applicants knew the fact that there is no sufficient amount in the bank account, but still with an intention to cheat the complainant, the cheque in question was issued, and further by making false promise of making the payment, they kept the complainant in dark - Whether the dispute would be predominantly of civil in nature....... + More
2018 (10) TMI 408
Dishonor of cheque due to insufficiency of funds - Vicarious Liability u/s 138 of NI Act - Whether the averments made in the complaint that the applicants are Karta Dharta and authorized signatories of the Company, is sufficient to make them vicariously liable for offence under Section 138 of the NI Act or not? - Held that - Although in the present case, the words used Karta Dharta in paragraph 1 of complaint cannot be said to be happily-worded c....... + More
2018 (10) TMI 407
Clearance of Group1 and II final examination in November, 2017 - mailing of incorrect list to Aurangabad branch, but was not uploaded in any website - dispute relates to the result declared by the respondent-institute. The appellants claim that they had cleared Group I/II as per the result circulated through Whatsapp messages and uploaded on Facebook. However, as per result uploaded on the official website of the respondent-institute and the mark....... + More
2018 (10) TMI 310
Conviction of the appellant u/s 13(1)(C) r.w.. 13(2) of Prevention of Corruption Act, 1988 and under Sections 409 and 477-A IPC - sentence of imprisonment - conviction based on a voluntarily confession of accused - Contention of the appellant is that PWs 2 and 3 being the higher officials, it cannot be said that the confession statement of the accused has been made voluntarily and it must have been under the inducement or under false promise of f....... + More
2018 (10) TMI 272
Disposal of Land remaining idle - closure of Joint Venture - rehabilitation scheme under the Sick Industrial Companies (Special Protection) Act, 1985 - disputes have arisen between the appellant (Company) and the State through its Authority called Maharashtra Housing and Area Development Authority (MHADA) in relation to the aforementioned land for its disposal etc. - Held that - The parties expressed that it is not possible to come to any mutuall....... + More
2018 (10) TMI 271
Recovery of outstanding amount - Mis-utilization of investment made in a company - It is the Plaintiff s case that the funds which were invested by the Plaintiff, were misused by the said persons for their personal gains and benefits - revival scheme - Section 138 of the Negotiable Instruments Act, 1881. - Held that - The three agreements clearly show that firstly the main agreement by which the investment was made by the Plaintiff was made in a ....... + More
2018 (10) TMI 270
Dishonor of Cheque - insufficiency of funds - Recovery of amount borrowed - burden of prove - Section 138 of Negotiable Instruments Act - Held that - It reveals that the respondent/complainant stated that there is money transaction between the appellant/accused and respondent/complainant, whereas in the deposition he has clearly stated that he knows the accused from childhood and the accused used to come his father s Cycle Shop and there is no mo....... + More
2018 (10) TMI 107
Acceptance of Settlement entered into between parties - acquittal of accused - Section 138 of the Negotiable Instruments Act - Held that - This is not a case wherein offence for which the petitioner has been charged can strictly be termed to be an offence against the State. On the other hand, continuation of criminal case against the petitioner would put the petitioner to great oppression and prejudice and extreme injustice would be caused to him....... + More
2018 (10) TMI 106
Dishonor of Cheque - offence punishable under Section 138 of the Act - acquittal of accused - Principles of Natural Justice - Held that - This Court holds that the learned trial Court has not appraised the entire evidence on record in a wholesome and harmonious manner and the analysis of the learned trial Court hence suffers from a perversity or absurdity of mis-appreciation and non-appreciation of evidence on record. - There is merit in the appe....... + More
2018 (10) TMI 105
Dishonor of Cheque - recovery of loan amount from petitioner-guarantor - section 138 of Negotiable Instruments Act - existence of subsisting liability / enforceable debt against the petitioner - whether the respondent can proceed against the petitioner straight away without proceeding against the Principal Debtors on the ground that the petitioner stood as a guarantor for the repayment of loan by the Principal Debtors? - Held that - It is an admi....... + More
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