Court : Kerala
..... trial court dismissed the complaint filed by the appellant under section 138 of the negotiable instruments act (for short, "act") and acquitted the accused/1st respondent. ..... presumptions under sections 118 and 139 of the act have not been considered by the court below. ..... accused is convicted for an offence under section 138 of the negotiable instruments act. .....
Tag this Judgment!Court : Kerala
..... appellant preferred a complaint under section 138 of the negotiable instruments act (for short, "the act") before the trial court against the accused (1st respondent). ..... interpreting section 87 of the act, this court laid down the following proposition: "there is no case for the defendant that either his signature or the amount or the payee's name has been altered in the cheque. ..... section 87 of the act reads as follows: "effect of material alteration. ..... judgment of the court below that the complaint was dismissed and the accused was acquitted finding that ext.p1 cheque was materially altered and thereby rendered the cheque void under section 87 of the act. .....
Tag this Judgment!Court : Kerala
..... that case was taken on file on the basis of a private complaint filed by the respondent herein under section 138 of the negotiable instruments act (hereinafter referred to as 'the act'). .....
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..... the learned counsel for the petitioner invited my attention to rule 14 of the management control of fisheries in waters rules, 1974, which reads as follows; w.p.(c) no. ..... sub inspector of fisheries, fisheries office, north paravur, pin-683 513. ..... director of fisheries, fisheries department, thiruvananthapuram-695 001.2. ..... ext.p4 : true copy of the representation submitted by the petitioner to the deputy director of fisheries dtd.30.5.2012. ..... deputy director of fisheries (zonal), ernakulam, pin-682 031.3. ..... inspector of fisheries,ernakulam-682 031.4. ..... ext.p4 is the last representation submitted before the deputy director of fisheries. ..... the petitioner sabha, which was formed for the welfare and uplifting of the fishermen belonging to valasamudhayam of dhevara community in north paravur, was established in 1905 and registered under the societies registration act. .....
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..... since, the timely repayment could not be effected, the bank proceeded with steps under the sarfaesi act, which in turn are under challenge in this writ petition.2. .....
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..... since, the timely repayment could not be effected, the bank proceeded with steps under the sarfaesi act, which in turn are under challenge in this writ petition.2. .....
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..... judgment challenging the steps taken by the respondent bank under the sarfaesi act, for realisation of the amount stated as due, in connection with the housing loan availed by the petitioner, she has approached this court by filing this writ petition, for enabling her to satisfy the entire dues as on 31.01. .....
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..... 45 of 2013 ----------------------------------------- dated this the 25th day of february, 2014 order the partnership firm - charly fisheries - was constituted by annexure 1 partnership deed which contains the following clause:- "20) that disputes or differences arising out of the partnership shall be settled by arbitration governed by arbitration act, 1940 (x of 1940) and its subsequent statutory notifications. ..... the claim made by the petitioner is definitely a dispute or difference arising out of the partnership - charly fisheries - which has to be resolved. ..... charly fisheries mamachan, thuruthu, neendakara p.o kollam pin691582 rep by its managing partner mr.charly joseph2 mr.charly joseph managing partner, m/s.charly fisheries residing at thottathil house sakthikulangara p.okollam691581 r1 & r2 by adv. ..... gopinathan (retired) as the sole arbitrator to resolve this dispute in terms of section 11 of the arbitration and conciliation act, 1996. .....
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..... because of the failure on the part of the petitioner to honour the commitment satisfying the due instalments, the bank declared the account as npa and proceeded with steps under the sarfaesi act, which in turn are under challenge in this writ petition.2. .....
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..... the learned government pleader submits that, the petition for rectification has been considered strictly in terms of the mandate under section 66 of the kvat act and the eligible assessment benefit has already been given to the petitioner as per order dated 19.02.2014. ..... also approached the 3rd respondent, pointing out the glaring discrepancy with regard to the inflated figures, seeking to have the mistake rectified by filing exts.p14 and p15 petitions under section 66 of the kvat act, 2003, which are also pending. .....
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