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M/S Bhagwati Prasad Pawan Kumar vs Union Of India on 25 May, 2006

7. It is pointed out that the plaintiff by his conduct .i.e. by the encashment of the cheque signified his acceptance to the RSA No. 15/2007 Page 4 of 15 proposal contained in the letter dated 03.11.2003. Reliance is placed upon the judgment reported in (2006) 5 SCC 311 Bhagwati Prasad Pawan Kumar Vs. Union of India to substantiate this submission. It is pointed out that in this case also where the appellant has accepted the cheque of the respondent and encashed it, it amounted to an acceptance of the offer made by the respondent and in terms of Section 8, he could not take a different stand. It is further pointed out that on this date i.e. on the date when this letter was sent i.e. on 03.11.2003, there was no lis pending between the parties. The suit of the plaintiff had been decreed on 02.08.2003; an application under section 152 of the Code of Civil Procedure (hereinafter referred to as `CPC‟) for correction in the judgment had been filed only on 07.01.2004.
Supreme Court of India Cites 5 - Cited by 107 - B P Singh - Full Document
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