2018 (10) TMI 1156
Levy of Urban Transport and Parking Development Fee from petitioner/dealer - demand of service tax - recovery of parking fee at different rates on the vehicle sold and registered within the municipal limits of Indore - petitioner argued that vide Resolution dated 23.03.2013, the Municipal Corporation has not authorized the petitioner or any dealer to recovery the parking fee from the customers unless such authorization is made, the dealers are no....... + More
2018 (10) TMI 1080
Dishonor of Cheque - first appellate Court pointing the inconsistency in the defence version and failure to prove the cheque was stolen from her, dismissed her appeal drawing presumption under Section 139 of N.I. Act - Whether there is any error in the reasoning or finding of the Courts below? - Held that - Under Section 118(a) of the N.I. Act, Court is obliged to presume, until the contrary is proved, that the initial burden in this regard lies ....... + More
2018 (10) TMI 1079
Dishonor of Cheque due to insufficiency of funds - rebuttal of presumption - section 138 of NI Act - Held that - It is well settled that the statutory presumptions available under Section 118 and 139 of the Negotiable Instruments Act, 1881, can be discharged by the accused. Such presumption cannot be static. It can be discharged by bringing out probabilities - The probabilities always need not be by way of direct evidence - Even circumstantial ev....... + More
2018 (10) TMI 1078
Dishonor of cheque due to insufficiency of funds - Section 138 of NI Act - recovery of loan - rebuttal of presumption - The incriminating circumstances which put before the accused, he denied the evidence of complaint as false and he opted for examining witness on his behalf - Held that - On a careful perusal of the records reveals that the complainant has proved that the accused borrowed a sum of ₹ 1 lakh and issued a cheque on 01.02.2008,....... + More
2018 (10) TMI 1010
Dishonor of cheque due to insufficiency of funds - Section 138 of the Negotiable Instruments Act - Clause (a) of sub-Rule (6) of Rule 3 of Order XXXVIII of C.P.C. - Held that - The defendant has admitted their liability in no uncertain terms - After accepting their liability in no uncertain terms, at least vide 3 plaint documents, which have been alluded to supra, the defendant after receiving summons in the summary suit on 01.03.2017 has not ent....... + More
2018 (10) TMI 1009
Liability of a partner for acts of the firm - loan taken by partnership firm unpaid - recovery proceedings by bank - contention for the petitioner is that till date the entire repayment has been made by the petitioner only, the other partner and his legal heirs have not made any payment - partners jointly and severally liable for the acts of the firm - Held that - It has not been disputed that the loan was taken by the partnership firm. Petitione....... + More
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 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 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
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