Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere suggestion by accused that complainant is not possessing funds does not rebut presumption u/s 139 of the Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 409, 465, 466, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d) -- Bail - Cheating - Misappropriation of scholarship funds on large scale - 22 educational institutes are involved in one FIR - CBI has already conducted searches at 22 private educational..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Ex parte eviction order - Setting aside - Son and daughter-in-law proceeded ex-parte since registered notices issued to them were received back with remarks that they have left the house - Available material produced by petitioners show that they had contributed funds to suit property from which..........
Road Transport Corporation Act, 1950, Section 45 -- Rajasthan State Road Transport Corporation Employees Pension Regulations, 1989, Regn. 3(1), 43 - Pension - Entitlement - Declaration of respondent/employees as surplus - Absorption of respondent in another State public enterprise - In earlier corporation only CPF scheme was covered but later Corporation both pension and..........
Disaster Management Act, 2005, Section 46 -- National Disaster Response Fund (NDRF) - Funds collected in PM CARES Fund are entirely different funds which are funds of public charitable trust and there is no occasion for issuing any direction to transfer said funds to the NDRF...........
Indian Penal Code, 1860, Section 420, 120B, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 420, 120-B, 467, 468, 471, Prevention of Corruption Act, 1988, S.13(1)(d) - Quashing of FIR - Large scale corruption and siphoning of government funds - Land acquisition for the plant of Bhartiya Rail..........
Hindu Law -- Joint Family Property - Burden to prove - Burden lies upon person alleging existence of joint family to prove that property belongs to joint Hindu family unless there is material on record to show that property is nucleus of joint Hindu family or that it was purchased through funds coming out of this nucleus. (Evidence Act, 1872, S.102)...........
Civil Procedure Code, 1908, Section 66(1) -- Repealed by Benami Transactions (Prohibition) Act, 1988 - Auction sale - Challenge as to - Suit property was put on auction sale because of a mortgage created by original owner who was heavily indebted - There was no challenge to Court auction sale by original owner in his life time - Trial Court held that auction sale is valid..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.3,75,000/- - Source of income - Amount advanced to accused as loan was already kept in the house of complainant for the purpose of building construction - Complainant had thus requisite funds also for advancing loan to accused - Moreover presumption of consideration not rebutted by accused in..........
Criminal Procedure Code, 1973, Section 357A -- Victim Compensation Scheme - Power to decide and grant victim compensation is conferred on State and central Authorities and power to frame schemes of providing funds therefor (and not relating to method/modality of disbursal) flows from S.357-A Cr.P.C and not from Legal Services Authority Act...........
