Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiffs nowhere in the plaint, specifically mentioned the date, even approximately when they came to know about registered sale deed mentioned in the suit - Contention that deceased used to look after legal affairs and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - Day of receipt of demand notice can very well be inferred from documents/evidence on record...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Minor alterations regarding date of pronote and receipt were neither set up in defence nor even proved to have caused any prejudice to defendant, also may not come to his rescue, particularly when no complaint or any FIR regarding any forgery about execution of two documents in question was ever made by..........
Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Reimbursement of medical expenses - Evidence regarding reimbursement of medical expenses was on record in the form of medical bills - Insurance company has not disputed these documents instead contended that there was no evidence on record to show that payment was made - This is not a correct submission or..........
Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Will - Partition suit - Defendant not pleaded in additional written statement regarding Will in question nor said Will filed along with additional written statement - Even, there is no reference to date of execution of Will in additional written statement - In the absence of pleading, any..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Husband and in-laws demanded dowry from the date of marriage itself - Wife was beaten by husband and her in-laws - Allegations of marpeet is on record - But no medical reports have been filed - I.O conducted investigation and proved the documents on record - It is..........
Service -- Armed service - Dismissal - Appellant was commanding the force operating over a large area including where Jerry canes of controlled substances allegedly moved from Indian side to Pakistan side - However, actual manning of area is by subordinate personnel of force - Subordinate personnel have been adjudged guilty indicating their active involvement - No direct..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Insurance Company repudiated the claim on account of non-submission of required documents as per policy - However, as per clause in policy, documents are required for the purpose of assessment of claim regarding loss/damage - Documents were examined by surveyor and once the assessment has been..........
