Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Dowry demand - Discharge on ground of territorial jurisdiction - Plea that cruelty and harassment alleged to be at place `G' as such Court at place `R' has no jurisdiction - Emotional distress or psychological effect on wife, if not..........
Constitution of India, 1950, Article 19(1)(g) -- Freedom of trade - Test of Proportionality - Infringement of right to trade - Comparative perspective helps only in relation to principles of judicial decision making and not for testing validity of action taken on existing statutory scheme - Crypto asset industry is estimated to have a market capitalization at large -..........
Indian Penal Code, 1860, Section 406, 34, Criminal Procedure Code, 1973, Section 181(4) -- Criminal breach of trust of stridhan properties - Territorial jurisdiction - Dowry articles were delivered and allegedly retained at place `J' - It is Court at place `J' and not at place `G' having jurisdiction - Order taking cognizance and issuing summons by Court at place `G' set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence plea of accused - High Court cannot usurp powers of Metropolitan Magistrate and entertain a plea of accused as to why he should not be tried u/s 138 of the Act - This plea as to why he should not be tried u/s 138 of the Act has to be raised by accused before Court of Metropolitan Magistrate u/s..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence; (b) It is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Specific allegation by wife that husband was having relationship with one `G' and many other women - While being examined wife stated that she got information about the same from other sources - What was the source under which she got information not specifically stated - Allegation..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Money suit - Recovery of misappropriated funds - Maintainability of - Employee of bank fraudulently mis-appropriated funds - Bank employee is not in business activity with bank as required for definition of `debt' u/s.2(g) of the Act - Therefore, execution proceedings before Tribunal..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251, 263(g) -- Dishonour of cheque - Plea of accused that he should not be tried u/s 138 of N.I. Act can only be raised before Court of Magistrate u/s 251 Cr.P.C. and 236(g) of Cr.P.C. - Along with this plea, he can file necessary documents and also make an application...........
Adverse possession -- Plea of adverse possession by tenant - When plea of adverse possession is raised by a tenant, assuming the title in himself against the real owner and once a notice to determine lease, per S.111(g) of Transfer of Property Act is given, tenant cannot allege ouster of jurisdiction of civil Court...........
Negotiable Instruments Act, 1881, Section 138, 118(g) -- Dishonour of cheque - Holder of cheque - A holder of a cheque is entitled to the benefit of legal presumption u/s 118(g) of the Act that he came into possession of the instrument in due course unless it is shown to have come to the custody of the possessor by means of an offence, fraud or other unlawful means -..........
