Read, Subscribe & Cite BANKING CASES (BC) III (2013) BC 536 (Delhi HC) Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Territorial Jurisdiction — If cheque is presented by payee at a place other than drawee Bank, Court at the place of payee’s Bank simply on presentation of cheque will not have jurisdiction to entertain complaint under Section 138 of Negotiable Instruments Act. III (2013) BC 525 (MP HC) (DB) Jurisdiction — If Court has held that it has no jurisdiction to entertain suit, it is obligatory on part of Court not to pronounce the judgment on other issues because Court lacks jurisdiction. III (2013) BC 476 (MP HC) Dishonour of Cheque — Condonation of Delay — Though no specific provision in N.I. Act for condonation of delay, but provisions of Section 473, Cr.P.C. not excluded because those provisions were made for condonation of delay if cognizance required to be taken after expiry of period of limitation. III (2013) BC 461 (Gauhati HC) Tender — Change of site being decision of authority having regard to requirement and suitability cannot be challenged, unless such decision is actuated mala fide, unreasonable, unfair or discriminatory, as authority is the best judge to decide on its requirement. III (2013) BC 423 (Madras HC) (FB) SICA — Abatement of Legal Proceedings — Protection or immunity granted under Section 22(1) is not absolute — Secured creditors would have right to take action in a manner provided by third proviso to Section 15(1), so as to abate proceedings. III (2013) BC 423 (Madras HC) (FB) SICA — Abatement of Proceedings before BIFR — Once action is initiated in terms of Section 13(4) of SARFAESI Act, by secured creditor, representing 3/4th in value of total amount outstanding, proceedings before BIFR would automatically abate, in view of third proviso to Section 15(1) of SICA, inserted by way of amendment. III (2013) BC 402 (Orissa HC) (DB) SARFAESI — Recovery of Dues — Principle of priority of Government debts/propriety of State debts is founded on rule of necessity and of public policy.
Posted on: Sun, 15 Sep 2013 12:48:47 +0000
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