Negotiable Instruments Act, 1881
S.138: Dishonor of cheque for insufficiency , etc , of funds in the account – – Cheques issued in pursuance of agreement to sell is also a duly enforceable debt or liability.
Negotiable Instruments Act, 1881
S.138: Dishonor of cheque for insufficiency , etc , of funds in the account – – Cheques issued in pursuance of agreement to sell is also a duly enforceable debt or liability.
Negotiable Instruments Act, 1881
S. 138:Dishonour of cheque for insufficiency , etc. of funds in the account – Notice sent by registered post – Meaning of service by post- Correctly addressing the drawer of the cheque – Mandatory requirement of issue of notice in terms of clause (b) of proviso to Section 138 stands complied with. [General Clauses Act 1897 , S.27 , Indian Evidence Act,1872, S .114 ]
Indian Partnership Act , 1932
S.39: Dissolution of firm – Only two partners – Retirement of one partner – Compulsory Dissolution – Accounts to be settled accordingly. [S. 37, 48]
Indian Contract Act, 1872
S.139: Discharge of surety by Creditor’s act of commission or omission impacting surety’s eventual remedy – Sureties/Guarantors – Liability of guarantor is equal to and co-extensive with borrower – Sureties rights under the Contract Act can be varied or waived by a Contract. [Code of Civil Procedure, 1908 – Order 37]
Hindu Minority and Guardianship Act, 1956
S.8: Powers of Natural Guardian – Suit for partition and setting aside sale deed – Limitation on filing suit – Suit instituted within 3 years of minor attaining majority – Not barred by limitation – Plaintiffs even though majors, were not managers/karta of Joint family – Not capable of discharging without concurrence of other members of the family [Limitation Act, 1963, S.7, Constitution of India, 1949, Art. 60, 109 ,110, 113]
Transfer of property Act, 1882
S.54: Sale – Power of Attorney – Sale of immovable property through execution of power of attorney sale agreement/general power of attorney/will instead of execution and registration of regular deeds of conveyance deprecated as illegal and irregular – The illegal and irregular process of `Power of Attorney Sales’ spawns several disputes relating to possession and title, and also results in criminal complaints and cross complaints and extra-legal enforcement and forced settlements by land mafia. Therefore, request the Solicitor General to appear in the matter and give suggestions on behalf of Union of India. [S.17, S. 49, Indian Registration Act,1908; S.2, Power of Attorney Act,1882]
Mohammedan Law
Gift – Oral gift under Mohammedan law is valid – Burden of Proof is on the donee.
Insurance Act, 1938
S. 39: Nomination by policy holder – Rights of Nominee – Joint family property(HUF) – Insurance Amount received by nominee/wife – Such amounts constitute the entitlement of all legal heirs of deceased. [Hindu Succession Act, 1956; S.6, Specific Relief Act, 1963]
Insolvency and Bankruptcy Code, 2016
S. 238A: Limitation – Time-barred debts – Section 5 of the Limitation Act may be applied to condone delay in filing applications under Section 7 and Section 9 and the provisions of the Limitation Act applied from the inception of the Code i.e. to applications filed under the Code even prior to 6-6-2018. [Constitution of India 1949, Art 137, Limitation Act, 1963 S. 5, 7]
Contempt of Courts Act , 1971
S. 2(a) :Contempt of Court – Advocate- Judicial independence and courage to be shown while delivering the justice. [Code of Criminal Procedure, 1973 (CrPC) , S. 156(3), Advocate Act, 1961, S 30, S 34]