Hindu Marriage Act, 1955, Section 13 - - Divorce - Cruelty - Husband alleged wife had performed second marriage but had not led any evidence - Complaint by itself is not sufficient to establish false and baseless allegation of adultery - No women would tolerate leveling false allegation of adultery on her character - Payment of maintenance charges would not be enough to..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - On the ground of cruelty and desertion - Petition filed by husband - Initially wife registered a false criminal complaint against the husband and his parents on account of demand for dowry - Allegation that wife had been quarreling with him and his family member on trivial matter - Wife also lodged a false..........
Hindu Marriage Act, 1955, Section 28, 13(1)(1a), 13(1)(1b), Indian Penal Code, 1860, Section 494, 506 -- Divorce - On the grounds of cruelty and desertion - Adultery and bigamy by wife - Proof - No specific incident was stated by wife which could be termed as `cruelty' - All allegations were general in nature having no base - Husband has filed a criminal complaint of..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - It is a serious charge and has to be proved beyond reasonable doubt - But at the same time it is difficult to procure direct evidence for proving such a charge - It is only from the circumstances that an inference can be drawn that spouse against whom complaint has been made was leading an adulterous life...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Jurisdiction - Dictum of Supreme Court that proceedings will have to continue where it is in case recoding of evidence has commenced as meant u/s 145(2) of the Act - Filing of affidavit of examination-in-chief - Case posted for cross examination of complainant - Held, once affidavit in lieu of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false criminal case - Absence of pleading - Criminal complaint filed by wife after filing of divorce petition by husband - It is a subsequent event which can be looked into by Court - Moreover, parties were fully aware of this facet of cruelty which was allegedly suffered by husband - Plea of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Legally enforceable debt - Loan - Bahi entries - Loan for agricultural purposes was allegedly advanced by complainant to accused and it was stated to have been entered in Bahi - Bahi entries are not negotiable instruments of advancement of loan like pronote, bonds and..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant alleges that accused required the money for construction of residential house - However, there is no evidence on record to prove that accused was constructing any residential house or that she had paid any bills towards the purchase of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Quashing of complaint despite basic averment as to in charge and responsible for conduct of business of company - Held, High Court may in a given case on an overall reading of complaint and having come across some unimpeachable evidence or glaring circumstances come to a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Quashing of complaint - Law as to : (a) Once in a complaint filed u/s 138 r/w S.141 of the NI Act the basic averment is made that the Director was in charge of and responsible for the conduct of the business of the company at the relevant time when the offence was committed,..........
