Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where drawer of a cheque intentionally appends a different signature on cheque, which does not match with his specimen signature available in bank, offence u/s 138 of the Act would be constituted against drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where a drawer intentionally with a view to prevent honour of cheque, makes overwriting/alterations in cheque, either in amount mentioned in cheque or in the date mentioned therein, without authenticating these overwritings or alterations, offence u/s 138 of the Act would get attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - So long as an act or omission on the part of drawer of cheque is intended to prevent cheque being honoured, dishonour would become an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Alteration in the amount mentioned in cheque qualifies to be a material alteration within the meaning of S.87 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration in cheque - Issue as to whether the alterations made in cheque, which is subject matter of complaint, have been made at the instance of petitioner or at the instance of respondent, can be determined only after trial as the same is a question of fact which cannot be gone into..........
Indian Penal Code, 1860, Section 306, 386, 506, 34 -- Abetment of suicide - Alleged suicide note which forms sole basis of prosecution is itself disputed and its genuineness remains unsubstantiated - Even, it does not contain any proximate or specific act on the part of petitioners amounting to abetment - There is no cogent evidence of any instigation, intentional aid or..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Applicants being partners of Firm cannot escape from their liability because a partnership firm is not really a legal entity separate and distinct and it can have a legal persona only when it is considered along with its partners...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Applicants are partners who have executed a Power of Attorney in favour of one `S' to look into affairs of firm i.e. financial and other liabilities - `S' has acted on the basis of Power of Attorney executed by applicants and he has issued cheque on behalf..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No documentary evidence was produced before Family Court by husband nor by wife - Rs.80,000 was alleged by wife to be monthly income of husband, who having not produced his salary slip before Family Court - Husband has disclosed one payment advice in respect of gross salary i.e Rs.74,542.85 which is close..........
Indian Penal Code, 1860, Section 493, 496, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 493, 496 IPC - Quashing of proceedings - Ss.493, 496 IPC incorporated in final report filed by police u/s 173(2) Cr.P.C. - However, Court is prescribed from taking cognizance of offences except upon complaint made by aggrieved person - Petitioner cannot be compelled to..........
