Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Family Court decided the matter based on affidavit of assets and liability filed by wife, whereas, husband had not filed any affidavit of his assets and liabilities - There is clear discrepancy between parameters of income and liabilities taken into consideration by Family Court and documents placed on..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Pre conditions to be satisfied before seeking investigation u/s 156(3) Cr.P.C. are : (i) Application to be supported by an affidavit duly sworn by the complainant; (ii) In an appropriate case, Magistrate would be well advised to verify the truth and also verify the veracity of the..........
Indian Penal Code, 1860, Section 376(2)(n), 506II -- Rape - False promise of marriage - Prosecutrix is major aged more than 31 years - Accused and prosecutrix were having long standing relationship for more than 5 years as has been stated by her - Prosecutrix did not lodge any report of rape against accused though she did not believe false promise of marriage made by him -..........
Consumer Protection Act, 1986, Section 2(7) -- Explanation - Consumer complaint - Commercial purpose - Complainant has not pleaded nor proved that service was obtained for earning his livelihood through the means of self- employment - Onus to prove that service was obtained for a commercial purpose is on the service provider - Unless service provider discharges its onus,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of accused suspended on the basis of statement made by accused on affidavit/undertaking for depositing amount - However, no such amount was deposited by accused - Conduct of accused would go to show that accused is neither ready to argue the matter on merits nor complying with his own..........
Indian Penal Code, 1860, Section 393 -- Robbery - Snatching of chain - Compromise - PW1 filed an affidavit stating that she has no further grievance in the matter and she does not want to ruin the friendly relationship her family had with family of accused - Offence in question is not a compoundable one - Therefore, said affidavit cannot be acted upon to absolve accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting an inquiry u/s 202 Cr.P.C - Affidavit not filed in lieu of enquiry - Summoning order quashed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing application for restoration of suit dismissed in default - Petitioner pleaded that she is a diabetic patient and was taking treatment from hospital - However, ailments which have been mentioned are not such which would restrain petitioner from diligently prosecuting her case - Moreover, nothing..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
