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may 1989

Supreme Court of India · 1989-05-01

K. SARASWATHY ALIAS K. KALPANA (DEAD) BY LRS. vs P.S.S. SOMASUNDARAM CHETTIAR

Citation / case number
SC 1981/63623
Court
Supreme Court of India
Petitioner
K. SARASWATHY ALIAS K. KALPANA (DEAD) BY LRS.
Respondent
P.S.S. SOMASUNDARAM CHETTIAR
Author
R.S. () PATHAK
Bench
R.S. (CJ) PATHAK

Judgment text excerpt

The Supreme Court held that payment by cheque is a valid mode of compliance with court orders unless explicitly stated otherwise. In this case, the appellant's payment of Rs.6.02 lakhs by cheque was deemed compliant with the High Court's order, as there was no requirement for cash payment specified. The Court set aside the High Court's dismissal of the appellant's CMP, affirming that the intent of the order governs the mode of payment, and the cheque payment relates back to the date of receipt.

K. SARASWATHY ALIAS K. KALPANA (DEAD) BY LRS. vs P.S.S. SOMASUNDARAM CHETTIAR · Niyam