Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Notice served on accused on 15.5.2018 - Complaint should have been filed on or before date 29.6.2018 - However, complainant got knowledge regarding date of service of notice on accused only on 26.6.2018 - Complaint filed by complainant only on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Any complaint filed before expiry of fifteen days from date on which notice has been served on drawer/accused is no complaint at all in eye of law...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration and possession - Starting point of limitation - Mere giving assurance to plaintiff by her brother and mother for giving share to her cannot be considered to be starting point of limitation - However, since there was no denial by defendants to plaintiff for giving her share, there was thus, no..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Factum of marriage between parties not disputed, nor is the fact that a child was born out of this wedlock - Though wife got a job as guest teacher, but record does not reveal the date as to when she was given said appointment - However, it is the responsibility of husband to maintain wife in case she is..........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Limitation period - Period of limitation would start running from date decree was passed in foreign Court of a reciprocating country - However, if DH first takes steps-i, aid to execute decree in cause country and decree is not fully satisfied, then he can file a petition for execution in India..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has to plead and prove his continuous readiness and willingness to perform each and every condition of agreement right from date of agreement upto date of decree...........
Protection of Children from Sexual Offences Act, 2012, Section 5(i), 6, Indian Penal Code, 1860, Section 366, 376(2)(n), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of victim - Date of birth certificate from School can be accepted as conclusive proof of age of victim in a criminal proceedings, in absence of evidence to..........
Protection of Children from Sexual Offences Act, 2012, Section 5(i), 6, Indian Penal Code, 1860, Section 366, 376(2)(n), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of victim - Certificate issued by Principal of school where victim has pursued her Vocational Higher Secondary Course is relied upon by prosecution for..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Claim of plaintiff is based on promissory note - Acute financial embarrassment is being faced by defendant, as three loans having been availed from three different quarters running into enormous amount after date of execution of promissory note - There are thus, reasonable grounds..........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv) -- Adoption - Validity - Petitioner was above 15 years of age on the date when he is said to have been taken in adoption - Adoption held, not valid - Claim of petitioner for compassionate appointment on basis of said adoption being adoptive son of deceased employee rightly rejected...........
