Cheque bounce not for signature mismatch

Mustafa Surka - vs State Of Gujarat 

http://indiankanoon.org/doc/1874147/

11. In the instant case, there is no dispute about the endorsement that "drawers signature differs from the specimen supplied" and/or "no image found-signature" and/or "incomplete signature / illegible" and for return/dishonour of cheque on the above endorsement will not attract ingredients of Section 138 of the Act and insufficient fund as a ground for doshonouring cheque cannot be extended so as to cover the endorsement "signature differed from the specimen supplied" or likewise. If the cheque is returned/bounced/dishonoured on the endorsement of "drawers signature differs from the specimen supplied" and/or "no image found-signature" and/or "incomplete signature / illegible", the complaint filed under Section 138 of the Act is not maintainable. Hence, a case is made out to exercise powers under Section 482 of the Code of Criminal Procedure, 1973 in favour of the petitioner.

Error on the face of record

2009 14 SCC 663

2006 4 SCC 78

1997 8 SCC 715

Section 62 - Damages - Sale of Goods - Freedom to contract - conditions

MANU/GJ/0642/2004 - Suraj Enterprises


MANU/MH/0300/2000 - MSEB v. Sterlite Industries (India) Ltd.
MANU/MH/0085/1958: AIR 1958 Bom 291.


MANU/KA/0020/1958 : AIR 1958 Kant 10 - KCN Gowda v. Molakram Tekchand 
distinction between conditions implied by law and conditions provided by contract

Indemnity v. Damages: distinction

AIR 1938 Rangoon 359
AIR 1928 Madras 43

Appointment of Provisional Liquidator - Factors to be considered

Darshan Anilkumar Patel v. Gitaneel Hotel Pvt Ltd, [1994] 81 Comp Cases 805

Parallel Remedies - Stay of proceedings

Jai Singh v. Union of India, AIR 1977 SC 898

a litigant cannot pursue two parallel remedies in respect of the same matter at the same time.


See also:


Awadh Bihari Yadav  v. State of Bihar, AIR 1996 SC 122
Arunima Baruah v. Union of India, (2007) 6 SCC 120
Manish Goel v. Rohini Goel, 2010 (3) BomCR 44

BMC 'person' required to take license

Manibhai Tulsibhai Patel v. MCGM, 1965 MhLJ 458: (1964) 66 BomLR 677

A person required to take a license, could be landlord or tenant.

Stamp Duty at Interim Stage is relevant

K.B. Jayram v. Navineethamma, AIR 2003 Kant 241 (para 4)


the court below would have been justified in first insisting upon the payment of the stamp duty and the penalty on the agreement to sell before it could issue an injunction in favour of the appellant on that basis. 




Also see 


Conwood Agencies v. Namdeo Pandurang, 2005(1)ALLMR335, (2005)107BOMLR319

[A] Civil Procedure Code, 1908 - Order 18, Rule 4 - Order 7, Rules 3, 4 -- Bombay Stamp Act, 1958 - Sections 33, 34, 37 -- Registration Act, 1908 - Sections 17, 18, 49 -- Admissibility of document in evidence - Admissibility objected to on the ground that it is insufficiently stamped - Court must at the outset determine the question of its admissibility before allowing the party to rely on such document even for collateral purpose.

Company court and civil court

CDS Financial Services v. BPL communications, 2004 121 comp cas 374

If the right is traceable to the general law of contracts or it is a common law right, it can be enforced through the civil court, even though the forum under the statute also will have jurisdiction to enforce that right.

Section 397/398 provide a convenient remedy for minority shareholders under certain conditions and the provisions therein are not intended to exclude all other remedies.

Arbitrability of landlord tenant dispute

Follows nataraj studio and central warehousing
2010 (4) Bom C. R. 394
Ravindra Vithalrao

Cheque bounce compounding procedure

2010 4 Bom C. R. 45 (SC)

Damodar prabhu v. Sayed babalal.

Scrutiny of scheme of arrangement

*(2008) 3 Comp LJ 345 (AP): [2007] 80 SCL 496 (AP)*
*
*
*Magnaquest Solutions (P) Ltd.*

while exercising powers under section 391(2), company court should examine whether proposed scheme of arrangement is violative of any provision of law and is not contrary to public policy, and for ascertaining real purpose underlying the scheme, the court if necessary can pierce veil of apparent corporate purpose underlying scheme and can judiciously x-ray same.


It should not be unfair / unconscionable or contrary to public policy.


Latest auditors report connotes the latest auditors report available or which should normally be available at the time of filing of the petition. --thats the one that should be filed.

Notice in scheme of arrangement

LG Electronics System India Ltd. 2003 42 SCL 554 (Delhi)

When under rule 75 a copy of the scheme is not provided, normally such a conduct by the transferor and transferee companies would immediately invite suspicion in the mind of the judge and may even lead to the rejection of the proposed scheme on this short ground.