Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Relevant date for determining the existence of a legally enforceable debt or liability under the Act would be date of presentation/maturity of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Relevant date for determining the existence of a legally enforceable debt or liability under the Act would be date of presentation/maturity of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138, 139, 118A -- Dishonour of cheque - Appeal against acquittal - Cheque in question was not issued in the name of complainant - Complainant has failed to establish the ingredients of S.138 of the Act by discharging his initial burden to prove the existence of legally recoverable debt or liability - Provisions of Ss.118-A, 139 of..........
Custody of child -- Claimed by father - Minor son was illegally detained by respondent (wife of brother of father) who is stated to be having a strained relationship with husband - Minor aged about 2 years and his father would be natural guardian and biological mother of child would be entitled to a right of custody as per personal law - Detention of child by respondent..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Applicant is legally wedded wife of opposite party/husband - Husband is retired and getting pension of Rs.34,656 p.m - 25% of monthly pension shall be awarded to wife - Trial Court rightly granted Rs.7000 p.m as monthly maintenance to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Parties are residing as husband and wife for a considerable long time - No specific finding given by trial Court that wife is not legally wedded wife of husband while granting maintenance to wife - Maintenance rightly granted to wife...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Proceedings u/s 498-A IPC by second wife (who is not legally wedded wife) is not maintainable...........
