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Showing 1 to 20 of 11515 Records

  • 2018 (8) TMI 741

    Security interest in agricultural land - Validity of proceedings under the SARFAESI Act, 2002 - applicability of act to agricultural land - Held that - The expression security interest , both before and after the amendment, excludes what is specified in Section 31. Clause (i) of Section 31 stipulates that the provisions of the Act will not be applicable to any security interest created in agricultural land. The statutory dictionary in Section 2 d....... + More

  • 2018 (8) TMI 740

    Reliefs of declaration and injunction - who is the owner of the properties - Section 3(2) of the Benami Transactions (Prohibition) Act, 1988 - Held that - The trial court has committed a grave and fundamental error in rejecting the suit plaint under Order VII Rule 11 CPC by relying upon the provision of Section 4 and repealed provision of Section 3(2) of the Benami Transactions (Prohibition) Act. When the impugned judgment was passed on 19.12.201....... + More

  • 2018 (8) TMI 739

    Suspending the execution of sentence - Section 138 of the Negotiable Instruments Act, 1881 - Held that - Hon ble Supreme Court in case titled as Stanny Felix Pinto v. Jangid Builders Pvt. Ltd., 2001 (1) TMI 878 - SUPREME COURT OF INDIA held that a pre condition for suspending the execution of sentence, of imprisonment imposed upon the convict, it being not imperative for the Court, to, direct the convict to deposit the entire fine amount/compensa....... + More

  • 2018 (8) TMI 738

    Refund of two Fixed deposits made with Interest - total denial of the receipt of ₹ 30 lakhs in cash from the respondent by Bank. - Whether the suit filed by the respondent/plaintiff is barred by the law of limitation? - Held that - This Court does not want to go into this question for the first time at the stage of appeal. It is true that the question of limitation can be gone into by a Court, even without the same being raised as an issue,....... + More

  • 2018 (8) TMI 737

    Dishonor of Cheque - Section 138 of Negotiable Instrument Act - rebutting of presumption - Held that - In Rangappa v. Sri Mohan 2010 (5) TMI 391 - SUPREME COURT OF INDIA it is held by Hon ble Supreme Court that it is a settled position that when an accused has to rebut the presumption under Section 39, the standard of proof for doing so is that of preponderance of probabilities . Therefore, if the accused is able to raise a probable defence which....... + More

  • 2018 (8) TMI 707

    Dishonor of Cheque - presumption to debts / liability - original accused has been acquitted by the trial Court for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - trial court found that although the respondent had not adduced any direct evidence, the material that came on record in cross-examination of the appellant was sufficient to support the defence of the respondent. - Held that - the appellant was clearly able....... + More

  • 2018 (8) TMI 706

    Dishonor of cheque - Section 138 of the Negotiable Instruments Act, 1881 - case of petitioner is that the trial Court had taken cognizance of the complaint without taking recourse to inquiry under Section 202 of the Code of Criminal Procedure - Held that - In the case of Dr.(Mrs.) Rajul Ketan Raj 2016 (2) TMI 1140 - BOMBAY HIGH COURT , this Court after taking into consideration several decisions, has taken a view that it is not mandatory to hold ....... + More

  • 2018 (8) TMI 705

    Professional misconduct - Disciplinary Proceedings against the Chartered Accountant (member of ICAI) - CIT (A) has reviewed all statements recorded, documents seized and the statement of the Appellant before the Income Tax and found the Appellant involved in arranging the bogus bills through bogus concerns promoted by him and charged commission for that. - Board of Discipline held him guilty under Clause (10) of Part-I and Clause (2) of Part-IV o....... + More

  • 2018 (8) TMI 633

    Dishonor of Cheque - sufficient evidence to prove dishonor of cheque within statutory period. - Held that - In the present case, if the findings of the trial Court that the appellant had failed to prove dishonour of cheque and that the complaint could not be said to have been filed within limitation, are found to be erroneous, then the impugned order acquitting the respondent will have to be reversed. Since the trial Court found that the issue of....... + More

  • 2018 (8) TMI 632

    Whether the Appellate Tribunal has committed an error in holding that, the provisions of the RERA are applicable to the Agreement of Lease executed between Appellant and Respondents? - Held that - The intention of the Legislature, which is found reflected in the Objects and Reasons of the Act and its various provisions, makes it abundantly clear that, to all the projects, wherein the possession of the apartments is to be handed over in considerat....... + More

  • 2018 (8) TMI 631

    Cheque bounce case - Prosecution proceedings u/s 138 of the Negotiable Instruments Act - Whether moratorium prohibiting institution of a proceeding as provided for in Section 14 of the Insolvency and Bankruptcy Code, 2006 (hereinafter referred to as Code) applies even to a criminal proceeding. - Held that - The criminal revision should not have been directed to be kept in abeyance by resorting to Section 14 of the Code. For that matter even the N....... + More

  • 2018 (8) TMI 630

    Dishonor of cheque - Prosecution of the respondents - it was alleged that no payments had been made by them pursuant to the notices of demand in the wake of dishonor of certain cheques which had been issued by the respondents in favour of the petitioner (complainant) towards discharge of their liability. - Held that - The legislature has thus clarified that the court within whose local jurisdiction the branch of the bank where the payee or the ho....... + More

  • 2018 (8) TMI 497

    Reversal of Order of Conviction - Offence under Section 138 of the Negotiable Instruments Act, 1881 - Held that - P.W.1 P.Venkatesan , who is the Power of Attorney admitted in his cross examination that he did not know the particulars about the lending of money to the respondent. In this regard, in his cross-examination, he specifically stated that he did not know the transaction happened between his wife and the respondent - The said circumstanc....... + More

  • 2018 (8) TMI 181

    Omission to issue the notice under Section 34(5) of the Arbitration Act, 1996, as amended by the Act 3 of 2016 - Held that - The substantive right of a party to challenge an arbitral award is provided by sub-sections (2) and (2A) of Section 34 of the Act stipulating the grounds on which an arbitral award can be set aside by the Court. Sub-sections (3) of the said Section 34 of the Act lays down the statutory period of limitation within which an a....... + More

  • 2018 (8) TMI 180

    Contravention of Competition Act - direction to Opposite Parties to cease and desist from indulging in such activity - contravention of Section 3(3)(a) & (b) of the Competition Act, 2002 - alleged price increase - Held that - The Commission not only looked into Sate-wise Market but also Region-wise Market and range of percentage change in prices between 2007-2011. The Commission has noticed the Range of Percentage change of different years fo....... + More

  • 2018 (8) TMI 35

    Dishonor of Cheques due to insufficiency of funds - failure to rebut the presumption that the cheque is issued in discharge of a legally enforceable debt or liability - Section 139 of the N.I. Act - Held that - Under Section 139 of the N.I. Act, once a cheque has been signed and issued in favour of the holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability - This presumption is a rebuttabl....... + More

  • 2018 (8) TMI 34

    Whether Section 34(5) of the Arbitration and Conciliation Act, 1996, inserted by Amending Act 3 of 2016 (w.e.f. 23rd October, 2015), is mandatory or directory? - Held that - It is seen that Section 34(5) does not deal with the power of the Court to condone the non-compliance thereof. It is imperative to note that the provision is procedural, the object behind which is to dispose of applications under Section 34 expeditiously - One must remember t....... + More

  • 2018 (7) TMI 1827

    Validity of Public Interest Litigation based on some newspapers reports - Held that - This petition is filed only on the basis of some newspapers reports which cannot be the basis for filing a Public Interest Litigation - petition is dismissed at this stage........ + More

  • 2018 (7) TMI 1799

    Cheque bounced - Maintainability of Complaint - case of petitioner is that the complainant, who has filed the complaint, was neither the payee of the subject cheques nor the holder in the due course of the subject cheques - Held that - It is an admitted position that the landlord of the property is Friends Motels Pvt. Ltd. The payee in the subject cheques is also Friends Motels Pvt. Ltd. The complaint does not state as to how the complainant Mr. ....... + More

  • 2018 (7) TMI 1642

    Adjournment of time - paucity of time - Held that - On account of paucity of time the matter stand adjourned to 25/07/2018 as per CMIS. If ad-interim relief is granted and is operative till today, the same will operate till the next date........ + More

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