Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Bald allegation against appellants by complainant - Neither FIR nor charge-sheet furnished legal basis for Magistrate to take cognizance of offence alleged against appellants - Held, in criminal case arising..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashment of proceedings - Cruelty - Dowry demand - FIR not disclosing specific allegation against appellants in matter arising out of matrimonial bickerings - Held, it would be clear abuse of legal and judicial process to..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne Profits - Landlord, on filing application for direction for payment of higher amount as mesne profit, has not obtained consideration of Court at interlocutory stage itself - Held, no reason to give any such direction now at the conclusion of hearing - It shall be always open to landlord to secure what is legal and just..........
Criminal Procedure Code, 1973, Section 144(2) -- Proceedings u/s 144(2) of Cr.P.C. were drawn after calling reports from BL and LRO and from officer i, charge of Police Station - Revisional Court set aside the order drawing said proceedings - Challenge thereto - Held, revisional Court rightly observed that parties were co-shares in respect of land in question and both..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Discharge of debt - Dispute is with regard to Rs.25000/- which was due upon applicant to be paid to respondent - Respondent instituted two complaints u/s 138 of NI Act - Applicant submitted that he is ready to give Bank Drafts, each amounting to Rs.25,000/- - Held, applicant is directed to deposit Bank..........
Family Courts Act, 1984, Section 13 - - Engagement of a lawyer in family court is not permissible as of right but nonetheless in certain contingencies a party can be allowed to be represented by a legal practitioner..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Cheque issued for payment of liability of Rs.19,28,000/- in favour of complainant dishonoured - Complainant sent a legal notice to applicant which was received by him - Money was not paid within statutory period of 15 days -..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement - Non-Subsitution of LR's - Even if application for impleading legal representatives of a deceased plaintiff or a deceased defendant is not made, suit shall not abate and notwithstanding the death, suit may be decided and the judgment shall have the same effect as if it had been pronounced before the death took..........
Specific Relief Act, 1963, Section 37 -- Punjab Tenancy Act, 1887 - Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 - Occupancy rights - Injunction - Plaintiffs asserted their right of occupancy and consequent ownership over suit land on basis of provisions of the Act of 1887 and the Act of 1952 - Assertion of said legal right by plaintiffs, although..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of proceedings - Complainant/respondent contended that cheque amount, in question, is a legally enforceable debt - Entire transaction between parties itself is based upon an illegal partnership - Held, cheque issued on account of said..........
