Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Natural guardian - Any mental or emotional instability by itself is no ground to deny custody to a natural guardian except insofar as it bears on physical or mental security and welfare of child...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Attachments effected by Munsiff Court after the date of mortgage - Held, invalid...........
Custody of Child -- Writ of habeas corpus - Maintainability - Writ petition is maintainable to ensure safety, security, welfare and happiness of a minor child...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Mere filing of appeal does not operate as stay of execution - Appellate Court can grant stay of execution for sufficient cause and that if stay is not granted party will suffer substantial loss - Stay can be granted when application is filed without unreasonable delay and security is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Allegation that there is huge discrepancies in payment of actual EPF contribution and EPF amount deposited by petitioner's Security agency and many of security guards stated that they have been given less payment - However, these..........
Service -- Deputation allowance - Respondent continued to be under control of his parent organization Central Industrial Security Force (CISF) and was also getting his pay and allowances from said authority - Though respondent as a member of his battalion may have been serving in National Disaster Response Force (NDRF), it cannot be said that he was on deputation to NRDF..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit for money - Amount in question paid by plaintiff for becoming member of chit Fund - There is thus, no justification for making payment in cash - Explanation by defendant that cheque given as security is clearly an eye wash - Once cheque is proved and same is dishonoured, burden shifts upon defendant to establish..........
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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea raised by accused that cheque was issued as security and not in discharge of legal liability - No agreement whatsoever produced by accused or his brother to show that complainant used to obtain cheques as security from the transporters, including them - This bald statement, instead of helping the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of security cheque which was alleged to be misused - No plea that cheque was blank cheque, undated or without indicating any figure - Stand of accused contradictory and seemingly not plausible about the issuance of cheque - Presumption u/s 139 of the Act not rebutted - Accused convicted...........
