Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent and mandatory injunction in representative capacity for causing public nuisance - Applicant is son of plaintiff no.2 - He is sharing common interest and title with his father in suit property - Applicant is thus, necessary and proper party to suit - Applicant rightly impleaded as..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Plaintiff is not required to prove his capacity to make said payment at the time of execution of pronote and receipt and any deposition made by him qua same in his cross-examination is of no consequence...........
Criminal Procedure Code, 1973, Section 245(2), Indian Penal Code, 1860, Section 420, 120B -- Discharge - Cheating - Offence against company - Petitioner does not represent accused/company in any capacity and has no nexus with its administration, control and functioning - Whether a prima facie case has been made out against accused company in the complaint itself is beyond..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is not earning and she is legally wedded wife of husband - Husband is earning Rs.6000 p.m and it is moral and social responsibility of husband to give maintenance to his wife as per his capacity - Maintenance rightly awarded to wife...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hand loan - Presumption u/s 139 of the Act - Complainant shown his capacity to advance hand loan of Rs.80,000 to accused - Factum of giving loan stands established from complaint and deposition of complainant - Complainant thus, proved beyond reasonable doubt that disputed cheque was issued by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Admittedly, presumption is available in favour of a holder of a cheque with regard to existence of a legally recoverable debt, however, same is a rebuttable presumption and standard of proof for rebuttal is preponderance of probabilities - In the instant..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Quantum of maintenance - Criteria - (i) There is no straitjacket formula for fixing quantum of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Committee - Liability of - "...association of individuals" - Association of individuals should be of similar nature as companies and partnership firms - Committee thus comes within the purview of company as defined under the Explanation of S.141 of the Act - Accused Nos.2 & 3 who issued the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Landing capacity - Either by way of reply to the notice or in the cross examination of complainant there was no denial of lending capacity of complainant - Even in the evidence of accused, there was no denial of lending capacity - Contention regarding lending capacity is apparently untenable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partners of a firm arrayed in their individual capacity - However body of complaint clearly mentions that applicants are partners - Lapse to make a proper mention in the cause title of complaint does not by itself disentitle complainant who has a claim to make and who has entitlement to file a..........
