2018 (8) TMI 769
Revisional jurisdiction of the court of Sessions - whether the petitioner having availed of the remedy of revision should be allowed to take recourse to Section 482 Cr. PC as a substitute for virtually initiating a second revisional challenge or scrutiny which is clearly barred under Section 397(3) Cr. PC.? - Held that - A perusal of the criminal complaint in which the impugned order was passed by the Magistrate, which has been upheld by the cour....... + 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error in rejecting the suit plaint under Order VII Rule 11 CPC by relying upon the provision of Section 4 and repealed provision of Section 3(2) of the Benami Transactions (Prohibition) Act.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 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 (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
2018 (7) TMI 1602
Dishonor of cheque due to insufficiency of funds - Section 138 of the Negotiable Instruments Act, 1881 - Concern on day to day activities of company - petitioners were the Directors of the company accused, denying that they had any concern or responsibility with the conduct of the day-today business of the company - Held that - Averments are deficient to the effect that there is not even a whisper of allegation that the petitioners are persons wh....... + More
2018 (7) TMI 1568
Prosecution of the parties - Section 141 Negotiable Instruments Act, 1881 - concern of the accused with the responsibility for the conduct of the day-to-day business of the company - Held that;- Averments are deficient to the effect that there is not even a whisper of allegation that the respondents are persons who were in charge of or responsible to the company accused for the conduct of its business at the time the offence was committed . - The....... + More
2018 (7) TMI 1560
Eligibility to get promoted to the rank of CIT - Held that - When the DPC was held on 05.06.2015, for making recommendations for promotion to the post of CIT, the name of the respondent No.1 was duly included in the list of eligible candidates and he was found fit for being promoted. At that point in time, admittedly, none of the three categories carved out clause 2 of the O.M. dated 14.09.1992, were available to the petitioners to exclude the na....... + More
2018 (7) TMI 1540
Authority to fill the date in an undated cheque - non-payment of the value of the cheque on dishonor of the cheque - it was alleged that petitioner failed to make any payment inspite of service of notice of demand - Section 138 of the Negotiable Instruments Act, 1881 - Held that - The fact that the petitioner had handed over an undated cheque, in the given facts and circumstances would ordinarily lead to presumption of grant of authority to the p....... + More
2018 (7) TMI 706
Dishonor of cheque due to insufficiency of funds - Non-payment of part of amount related to purchase of property - liability towards electricity dues as on the date of the sale deed - appellant claims to have issuued two cheques subsequently for discharge of his liability but the respondent denies of the same - Section 138 of the Negotiable Instrument Act. - Liability towards electricity dues as on the date of the sale deed - Held that - It is ab....... + More
Search 
