Court : Karnataka
Decided on : Oct-11-2006
Reported in : 2007CriLJ583
..... debt, since the accused has not paid the cheque amounts inspite of demand made by the complainant the accused has committed an offence under section 138 of the act. the learned magistrate has committed an error in dismissing the complaint and recording and order of acquittal in favour of the accused.14. for the foregoing reaons, ..... an untenable reply dated 24.6.1999. therefore, the complainant filed a private complaint against the accused for the offence under section 138 of the negotiable instruments act (in short, 'the act'). the accused denied the accusation. the complainant has got him examined as p.w-1 and got marked exs. p-1 to p-10. in rebuttal, ..... arises for consideration in this appeal is:whether the dishonoured cheques issued towards repayment of time barred debt does not constitute an offence under section 138 of the n.i. act?2. heard sri h.t. nataraja, learned counsel for the appellant/complainant and sri b.c. rajanna, learned counsel for the respondent/accused.3. for the purpose .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-05-2006
Reported in : ILR2007KAR390; 2008(1)KarLJ146; 2007(2)KCCR839&1076; 2007(1)AIRKarR532; AIR2007NOC431&711
..... defendant is made a plaintiff.11. admittedly in the case on hand, it is to be noticed that sub-section (2) of section 21 of the limitation act is applicable. apparently, the interest of the respondents 11 to 14 is devolved on the petitioner following the assignment of their rights to the petitioner. consequently, sub-section ..... execution proceedings, which was initiated for recovery of possession is barred by limitation. but, however, the executing court has relied on article 136 of the limitation act regarding execution of a decree and has held that the petitioner having purchased the property in the year 1992 and he having not initiated the proceedings to execute ..... the execution proceedings are initiated well within twelve years from the date of judgment and decree. she would also submit that under section 21(2) of the limitation act, the petitioner having succeeded to the interest of the original decree holder, he is entitled to come on record, she has relied on the judgment of khemchand .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-13-2006
Reported in : 2007CriLJ919; I(2007)DMC550; 2007(1)KLJ141; 2007(1)AIRKarR165; AIR2007NOC2028; (2007)2Crimes16
..... in favour of the revision petitioner in which event the claim petition would have automatically fallen to ground having regard to the legal provisions in the light of the act.7. perhaps the question as to whether the petition under section 125 of the cri. p.c. for claiming maintenance as had been done before the family ..... not open to such a lady to invoke the provisions of section 125 of the criminal procedure code, particularly, on and after the coming into force of the provisions of the act.4. i have heard smt. manjula n. tejaswi, learned counsel for the respondent-wife who has urged that there is no merit in the petition; that the ..... court was not his wife as he had already divorced her; that in view of the provisions of the muslim women (protection of rights on divorce) act, 1986 (for short, 'the act'), the wife-present respondent could not have maintained a petition under section 125 of the criminal procedure code for seeking maintenance, but should have taken recourse to the provisions .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-10-2006
Reported in : 2007(4)KarLJ152
..... the insurer cannot escape from its liability to pay compensation on any exclusionary clause in the insurance policy except those specified in section 149 (2) of the act or where the condition precedent specified in section 170 is satisfied.(26) for the aforesaid reasons, an insurer if aggrieved against an award, may file an appeal ..... appeal is directed mainly against the quantum of compensation, it is necessary for the insurance company to show that necessary permission under section 170 of the motor vehicles act, 1988 has been granted to it by the tribunal. this prerequisite is necessary since the insurance company has questioned the quantum of compensation. in the instant case, ..... company and, therefore, the appeal itself is not maintainable and furthermore, the insured has not complied with the statutory requirement of section 173 of the motor vehicles act by depositing a sum of rs. 25,000 but it is the insurer who has deposited the amount. for all the said reasons, the appeal itself is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-03-2006
Reported in : 2006(3)ALD116; 2006(3)ALT486
..... morvi merchantile bank ltd. v. union of india, (supra). there cannot be any doubt or controversy relating to this proposition of -law. the object of the act, being fiscal legislation, also may have to be considered while deciding questions of this nature. broadly, the object appears to be that the governmental revenue or public ..... the 1st defendant, the present revision petitioner, recorded reasons and ultimately came to the conclusion that the objections raised are not proper. section 11 of the act dealing with use of adhesive stamps reads as hereunder:the following instruments may be stamped with adhesive stamps, namely:(a) instruments chargeable with a duty not exceeding ..... held that such documents are admissible in evidence. the learned counsel had also incidentally touched the other objection raised in relation to section 12(3) of the act. the learned counsel also would maintain that at any rate when the legislative intent is clear, if there is any undue hardship, it is for the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-15-2006
Reported in : 2006CriLJ1800
..... stage. it is needless to say that the question whether the petitioners/a-6 and a-8 also can be found guilty of an offence under section 138 of the act inasmuch as they were not the directors at the time of issuance of cheques but were inducted as directors subsequent thereto but they were directors on the date when the ..... in c.c. no. 1394/2001 on the file of v. metropolitan magistrate, hyderabad.3. the complaint was filed under section 138 of the negotiable instruments, act, 1881 in short hereinafter referred to as act' for the purpose of convenience.4. sri k. chaitanya, the learned counsel representing the petitioners raised two contentions, one relating to maintainability of the complaint by a .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-26-2006
Reported in : 2006(4)ALD50; 2006(3)ALT476
..... in o.a. no. 9816 of 2002 on the file of the a.p. administrative tribunal ('apat' for brevity) dismissing the application filed under section 19 of the administrative tribunals act, 1985 are set aside. consequently, the said application filed before the apat stands allowed. it is needless to mention that it is open for the respondents herein to take steps ..... in o.a. no. 9816 of 2002 on the file of the a.p. administrative tribunal ('apat' for brevity) dismissing the application filed under section 19 of the administrative tribunals act, 1985 and for issuance of other consequential directions.3. having regard to the substantial plea taken in the writ petition as to the want of enquiry as provided under rule .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-24-2006
Reported in : 2006(5)ALD251; 2006(3)ALT495
..... 2001(2)ald177 (d.b.); saligram shrivastava v. naresh singh patel : [2002]supp5scr585 ; and harikrishna lal v. babu lal marandi : (2003)8scc613 , contended that as per the scheme of the act and the rules made thereunder, the restriction under sub-rule (4) of rule 22 shall be made applicable to the election of office bearers also. i am unable to agree ..... of sub-section (5) of section 31 of the act, by virtue of which, president of the society shall be elected by the members of the committee from among themselves, and not by direct election by the general body. ..... interference by this court is warranted.9. it is to be noted that a.p. co-operative societies act, 1964 (for short 'the act') as well as the rules made thereunder underwent major changes under the a.p. co-operative societies (amendment) act, 2005 (act 6 of 2005) with effect from 31-1-2005. one of the important changes effected was substitution .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-24-2006
Reported in : 2006(3)ALD810
..... of the action as between these legal representatives. the learned counsel also would maintain that whenever the provisions of a.p. buildings (lease, rent and eviction) control act, 1960 and the rules framed thereunder are silent, the provisions of code of civil procedure are made applicable and hence it may have to be taken the proceedings so ..... petitions. it is needless to say that the rent control proceedings are summary proceedings. it may be that these crps are being filed under section 22 of the act aforesaid and not under the provisions of the code of civil procedure. in a slightly different context, the madras high court while dealing with the provisions of tamilnadu ..... this court in kotha srinivasa rao v. ganta nagaratnam and anr. : 2004(5)ald29 , wherein this court held that impleading new party in execution proceedings under the act is not permissible and the provisions of order 1 rule 10(2) of the code of civil procedure are not applicable at the stage of execution. strong reliance .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-09-2006
Reported in : 2006(4)ALD199; 2006(6)ALT26
..... and additional market value, the observation of the high court that the respondents herein are entitled for statutory benefits must be understood, in that context.13. once the act provides for payment of interest on the compensation, and the same has been interpreted by the supreme court as to include components of solatium and additional market value, ..... solatium and interest. under the unamended provisions, solatium was payable to the landowner at 15%, on the market value, under sub-section (2) of section 23 of the act. through the amendment, it was enhanced to 30%. subsection (1)a was added to section 23, providing for payment of additional market value, at the rate of 12% ..... of the judgment of the civil court, insofar as it refused the said benefit.6. the controversy in this batch of revisions is very limited. the land acquisition act was amended in the year 1984, bringing about substantial changes. for the purpose of this batch of cases, it is sufficient to refer to the amendments, which .....
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