Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption has to be drawn in favour of holder of cheque, unless otherwise proved - Issuance of cheque and that it pertains to his bank account admitted by accused in his statement u/s 313 Cr.P.C. - Bald plea in defence that cheque was given as security without documentary evidence - Unrebutted..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Protection of Children from Sexual Offences Act, 2012, Section 2(1)(d) -- Age of victim - Age mentioned in Aadhar Card - Aadhar Card is a document issued by Government of India for a holder of a person, prepared by public official in discharge of public duties and probative value of such Aadhar Card..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - In a partnership firm all the partners are personally liable to discharge liability of the firm in their individual capacity as well as under vicarious liability...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Averments in petition are general and repetitive and mere incidents of any marriage and its normal wear and tear - Husband not pleaded any incident which would be of such a grave or serious nature so as to give rise to a danger or an apprehension that it was dangerous to live with wife - He..........
Constitution of India, 1950, Article 12 -- State - Ramakrishna Mission and its hospital - Whether discharge public function or not - Before an organization can be held to discharge a public function, function must be of character that is closely related to functions which are performed by State in its sovereign capacity - There is nothing on record to indicate that..........
Constitution of India, 1950, Article 12, 226 -- State - Ramakrishna Mission and its hospital - Discharge public function or not - Hospital is in receipt of some element of grant - Even, grants which are received by hospital cover only part of expenditure - Moreover, terms of grant does not indicate any form of governmental control in management or day to day functioning of..........
Indian Penal Code, 1860, Section 420, 468, 471, Criminal Procedure Code, 1973, Section 227 -- Cheating - Discharge - Allegation that accused while in service of teacher obtained degree of law - However, evidence on record shows that neither Education Department nor Bar Council of HP at any point of time lodged a complaint against accused that he suppressed facts from his..........
Indian Contract Act, 1872, Section 126 - - Unconditional bank guarantee - Injunction - Letter of invocation clearly asserts that plaintiff violated terms of work order and shows clear reference to quantum which was demanded hence, injunction against invocation of bank guarantee held, not proper as bank guarantee is contract between bank and beneficiary where bank has no..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deeds - Property of senior citizen - Mother executed two transfer deeds in favour of her daughter/petitioner - However, after transfer deeds having been executed, mother was left with no option but to leave village and to stay with her son - Specific averments in the..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of wife of complainant - Compensation - Deceased was medically compromised by reason of her past illnesses - She was admitted to two other hospitals, post her discharge from respondent no.1/Hospital - Death has been caused by a multiplicity of factors - Reasonable degree of skill, knowledge and care..........
