III (2009) BC 9 (DRAT—Delhi)

Auction —No vested right created in favour of auction purchaser before confirmation of sale.

III (2009) BC 1 (DRAT—Delhi)

RDDB & FI —Appeal against order rejecting review application—Not maintainable.

III (2009) BC 15 (DRAT—Delhi)

—One time settlement—RBI guidelines as per NPA Scheme—Purely executive instructions and having no statutory force.

III (2009) BC 149

Adjournment —Illness of Counsel cannot be a ground for seeking adjournment.

III (2009) BC 37

Carriers Act —Delivery of goods takes place only when goods are physically handed over by carrier and receipt is signed.

III (2009) BC 37 282

Compensation —Dishonour of Cheque—Court empowered to include default sentence while making order for payment of compensation, in case of non-payment of same.

III (2009) BC 41

Criminal Procedure Code —Section 353(3)—Pronouncement of judgment in absence of accused does not vitiate trial at all.

III (2009) BC 1

Dishonour of Cheque —Any payment after statutory period does not exonerate accused from offence under Section 138, Negotiable Instruments Act.

III (2009) BC 214

—Merely because drawer issued notice to drawee or to Bank for ‘stop payment’ will not preclude an action under Section 138, N.I. Act.

III (2009) BC 105

—Notice not sent at correct address of petitioner—Presumption provided under Section 27, General Clauses Act cannot be drawn.

III (2009) BC 7

—Partnership firm—All partners who are responsible for conduct of business would be responsible for offence.

III (2009) BC 60

—Partnership firm—Criminal liability fastened on those who were at time of commission of offence in charge of and were responsible to firm for conduct of business of firm.

III (2009) BC 87

—Post-dated cheque—Account closed after issuance of cheque with intention to defraud, debtor liable to be prosecuted under Section 138 of Act.

III (2009) BC 41

—Presence of complainant need be insisted only if progress of case demands such appearance.

III (2009) BC 227

—Time-barred debt—Payment under cheque in respect of time-barred debt can be enforced.

III (2009) BC 214

Negotiable Instruments Act, 1881 —Section 138 is applicable even when a cheque is issued from an already closed account.

III (2009) BC 159

—Section 138—Proceeding in a summons case within meaning of Cr.P.C.—There is no question of compliance of Section 441, Cr.P.C.

III (2009) BC 122

—Sections 138, 141—Personal cheque issued by one of the authorised representatives—Other authorised representative cannot be prosecuted under Section 138.

III (2009) BC 29

One Time Settlement —No Court or Tribunal is competent to direct any of parties to settle dispute on particular terms and conditions.

III (2009) BC 210

Promissory Note —Endorsement is independent of promissory note and it was executed only after execution of promissory note.

III (2009) BC 173

Public Interest Litigation —If civil suit was pending which may or may not be frivolous, ordinarily High Court should not have entertained a PIL.

III (2009) BC 242

RDDB & FI —Creditor can proceed with principal borrower or against guarantor since liability is joint and co-extensive.

III (2009) BC 254

RDDB & FI Act, 1993 —Section 21—Appellate Tribunal may for reasons recorded in writing waive or reduce amount to be deposited for entertaining appeal.

III (2009) BC 222

SRFAESI —Possession of Secured Asset—Additional Collector has similar power as of Collector, thereby Collector includes Additional Collector.

III (2009) BC 145

SRFAESI Act, 2002 —Section 14—Bank can approach only District Magistrate or CMM for assistance.

III (2009) BC 98

—Public Auction—Financial institution not in a position to fetch or receive reserve price, it has a discretion to sell the property below reserve pric
II (2009) BC 469 (SC)
AUCTION-Court Auction Sale-Sale in favour of bona fide purchaser, who is stranger to Court proceedings, is protected and he cannot be asked to restitute property to judgment debtor if decree is set aside.

II (2009) BC 399 BANKING REGULATION-If joint account opened by more than one person, as Bank cannot ignore instruction of one aggrieved account holder, not to operate the account any further.

II (2009) BC 371 CRIMINAL PROCEDURE CODE-Section 357(3)-Negotiable Instruments Act-Section 138-Imposition of compensation in addition to sentence of imprisonment and fine is illegal.

II (2009) BC 522 DISHONOUR OF CHEQUE-If complainant is not agreeable to compromise then proceedings cannot be quashed on ground of payment or deposit of amount in Court.

II (2009) BC 293
If offence has not been committed by company, question of their being director or is being vicariously liable would not arise.

II (2009) BC 496 -Legal Representatives of deceased payee or holder in due course are entitled to file complaint.

II (2009) BC 536 -Sending of notice by registered post along with UPC on correct address is sufficient service of notice.

II (2009) BC 301 (SC) INJUNCTION-Question to pay money either by way of final or interim order, is not considered to be an injunction.

II (2009) BC 345 INTEREST-To demand interest nor amount which was never demanded cannot be sustained.

II (2009) BC 321 NEGOTIABLE INSTRUMENTS ACT-Day on which cheque is drawn to be excluded and last day to be included for purpose of computing limitation for presentation of cheque.

II (2009) BC 383 -Section 138-Complaint filed by complainant on strength of second demand notice not at all maintainable.

II (2009) BC 379 -Section 138-Filling of blanks in cheque would not amount to forgery.

II (2009) BC 456 ONE TIME SETTLEMENT-Is generally waiver or reduction in amount of interest; and same is not legal right of borrower.

II (2009) BC 45 (DRAT-Mumbai) (DRAT) RDDB & FI ACT-DRT has no jurisdiction to entertain suit filed by bank or financial institution for recovery of losses or damages.

II (2009) BC 63 (DRAT-Delhi) (DRAT) SRFAESI-Bank could realise outstanding dues of bank in full by proceeding only against mortgaged property of borrowers.

II (2009) BC 352 -Tribunal has jurisdiction to pass any order including restoration of possession in favour of aggrieved person other than borrower.

II (2009) BC 403 WAGERING CONTRACT-Every wagering contract is speculative in nature but speculation need not necessarily be a wager.