Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Complainant deposed that loan is shown in income tax return - However, income tax return not produced - Held, when legal presumption is available in favour of complainant which is not rebutted then no corroboration is required to version of complainant by submitting income tax return -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Date of service of notice from which date cause of action arises i.e date of return memo as per provisions of S.138 of the Act is completely missing in the case - Period of complaint being filed from date of service of notice i.e within one month is also not complied in the case - Main ingredients of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Return of complaint - Admittedly, complainant has presented cheques before bank at place `A', and in such a case, Judicial Magistrate at place `A' alone will have jurisdiction - But, strangely complainant has presented complaint before Judicial Magistrate at place `AR' by saying that she is having..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Jurisdiction - Court while deciding application U.O.7.R.11 CPC not to make any observation on merits of case - In the instant case order as to return of plaint upheld but observation of Court with regard to contents of agreement/sale deed shall be considered to be obiter and not to be taken into..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence during pendency of appeal filed against order of conviction - To prove statement of accounts and books of account - Income tax return sought to be produced in additional evidence could have been proved during trial by summoning record from..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Issued beyond 30 days from the date of return memo - Complaint is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Trial Court directed to get correct map prepared and thereafter dispose of issues but First Appellate Court neither set aside judgment nor directed trial Court to return findings and reasons therefor - Further, first Appellate Court instead of fixing any time has disposed of appeal which could not have been done by..........
Child custody -- When a child is removed by one parent from one country to another, especially in violation of orders passed by a Court, Country to which child is removed must consider question of custody and decide whether Court should conduct an elaborate enquiry on question of child's custody or deal with matter summarily, ordering parent to return custody of child to..........
Constitution of India, 1950, Article 226 -- Writ of Habeas corpus - Maintainability - Custody of child - Claimed by father - Mother brought minor to India in violation of orders of jurisdictional Court in USA, her custody of child cannot be said to be strictly legal - However, High Court cannot direct mother to go to USA - Mother is an adult and no Court can force her to..........
Income Tax Act, 1961, Section 260A, 14A -- Assessment - Disallowance of deduction - Applicability - S.14A of the Act is applicable if there has to be a pay out i.e., an assessee has to incur expenditure - However, no deduction shall be allowed in respect of the expenditure incurred by the assessee in relation of the income which does not form part of his total income under..........
