Negotiable Instruments Act, 1881—Section 138—Limitation Act, 1963—Section 19—Appeal suit against judgment and decree passed by Additional Judge—Legality of—Point for consideration—Whether suit is barred by limitation?—When defendant made payment on account of cheque before expiration of prescribed period—A fresh period of limitation shall be computed from time when payment was made—It is clear that when defendant issued four post dated cheques and thereby acknowledge the amount due to plaintiff—Limitation starts from date of instrument irrespective of fat that defendant issued four post dated cheques—Court below rightly decreed the suit—Trial Court is directed to defendant to pay a sum of Rs. 5,00,000/- with interest at the rate of 9% per annum from date of pr...
Arbitration and Conciliation Act, 1996 - Section 34 - Suit against Arbitration Award - Legal department of the State of Bihar misadventured into a completely non-maintainable remedy when the Arbitration Act is a Code by itself and on top of that took 7 years to realize this mistake ...
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(2)—Criminal Procedure Code, 1973 (CrPC)—Section 482—Penal Code, 1860 (IPC)—Section 148, Section 149, Section 323, Section 324, Section 364—Supreme Court allowed the appeal against a judgment of the Punjab and Haryana High Court—The respondents faced charges under Sections 364, 324, 323, 149, and 148 of the IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—The High Court held that the investigation, not conducted by an officer as specified under Rule 7 of the Rules framed under the Act, rendered charges inapplicable—The Supreme Court clarified that only the investigation related to offenses under the Act was flawed, not those under the IPC&mdas...