N. Sanjeeva and Anr. vs State Bank of Travancore
Recovery of dues-Discharge of a guarantor-An order that required the appellant-guarantor to pay a certain amount to the respondent-bank was set aside. The debt for which the appellant was a gu [LexDoc Id : 292180]
DRAT
2005
N. S. Arumugam vs Trishul Traders
Dishonour of Cheque-Burden of proof-The burden of proof to rebut the presumption that the cheque was for consideration, was on the drawer who had admitted to the execution of the cheque. [LexDoc Id : 298703]
Simertex vs Enforcement Directorate
Repatriation of export proceeds-Liabilities of non-resident partners-The non-resident partners of the appellant firm were rightly held liable for contravention of s.68(1) of FERA 1973, as they were fully aware about the [LexDoc Id : 298552]
N. Radhakrishnan vs A.C. Thomas and Anr.
Dishonour of Cheque-Liability of managing partner-A complaint under s. 138 of the Negotiable Instruments Act 1881 was maintainable against the managing partner of the firm, as he had signed the chequ [LexDoc Id : 292178]
Gangaram Biseshwar Agrawal vs Canara Bank
Maintainability of appeal before the DRAT-Orders affecting substantive rights of the parties-Every order of the Debts Recovery Tribunal (DRT) that affected the substantive rights of the was appealable before the Debts Recovery Appellate Tribun [LexDoc Id : 295204]
HC (Bombay)
2005
Suman Madanlal Bora vs State of Maharashtra and Ors.
Complaint under s. 138 and 141 of the Negotiable Instruments Act 1881-Inconclusive averments-The complaint under s.138 and s.141 of the Negotiable Instruments Act 1881 against a registered partnership firm and its partners was quashed as far a [LexDoc Id : 298399]
Rubey Pandey and Ors. vs United Bank of India
Recovery of Debts-Re-call of ex parte order and condonation of delay-The ex parte order and the delay could not be condoned, as the plea was time-barred. The defendants were aware of the proceedings but chose to stay aw [LexDoc Id : 289351]
Lalit D. Sheth vs Directorate of Enforcement
FERA-Repatriation of export proceeds-The penalty imposed under s. 18(2) and 18(3) of the FERA 1973 for not repatriating export proceeds was upheld. Even though the appellant had made effo [LexDoc Id : 298553]
