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        Indian Laws

        Dishonor of Cheque - legally enforceable debt or not - They...

        Cheque Dishonor Case Hinges on Contractual Novation u/s 62, Debt Enforceability Questioned Due to Possession Terms.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Dishonor of Cheque - legally enforceable debt or not - They altered the terms of their contract in respect of payment of money that it would be paid by the accused only after possession of the purchased land was handed over to him by the complainant. Such novation is permissible under Section 62 of the Indian Contract Act, 1872. But the complainant has suppressed the said facts and brought a new story through her complaint petition - nless the complainant could show that possession was duly handed over after registration of those sale deeds and thereafter the cheque was deposited by her, she cannot claim any legally enforceable debt in her favour to be discharged by the accused. - HC
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