Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of eight cheque - Eight complaints - Joint trial - It is not obligatory for Court to hold joint trial, as S.220 Cr.P.C is an enabling provision - It is discretion of Court concerned to decide whether or not to order joint trial...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Averments made with regard to cruelty are vague and baseless without any factual foundation - Husband in order to prove his plea of dissolution of marriage is required to state specific instances of cruelty with precision in the plea - Mere ordinary wear and tear of marriage life does..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 341, 323, 324, 325, 394, 201, 34 -- Cancellation of bail - Offence u/ss 341, 323, 324, 325, 201, 34 IPC - Subsequent FIR registered against accused after grant of bail - Second crime cannot be treated as overwhelming enough to impede fair trial in first crime for cancelling bail already granted..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(2) -- Eviction - Unauthorized occupation - Petitioners are in unauthorized occupation of Gram Panchayat land reserved for purpose of school playground - Unauthorized occupation and possession of land which is reserved for school playground cannot be directed to be legalized on payment of market price - There is..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation of - Father gifted suit property to his son with condition that son would permit father to stay in the house and also take care of him - Father is not residing with son but with his elder son - Attitude of son in not taking back of father to his house would create doubt..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to wife - Order directing wife to file a list of properties belonging to husband - Revision thereagainst not maintainable, as said order is interlocutory order and cannot be challenged by filing revision petition...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28 -- Order of maintenance - Enforcement - To enforce a order of maintenance, Magistrate is mandated to follow the procedure laid down u/s 125 Cr.P.C as per S.28 of PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to wife - Order directing wife to file a list of properties belonging to husband - Revision thereagainst not maintainable, as said order is interlocutory order and cannot be challenged by filing revision petition...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28 -- Order of maintenance - Enforcement - To enforce a order of maintenance, Magistrate is mandated to follow the procedure laid down u/s 125 Cr.P.C as per S.28 of PWDV Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Dishonour of cheque - Appellate Court enhanced compensation without giving opportunity of being heard on question of enhancement - Impugned order of enhancement of compensation set aside - Matter remitted...........
