Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - If cheque is delivered for collection at a branch other than where payee or holder in due course maintains an account, branch of Bank where payee or holder in due course maintains the account shall be treated as branch of Bank for the purpose of S.142(2)(a) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - Complainant maintains his account at `A' Branch - He has no account at `T' Branch - Even though complainant delivered the cheque for collection at `T' Branch of same Bank, by virtue of deeming provisions contained in S.142(2) Explanation of the Act, `A' Branch of the bank has..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Murder - Both the dying declarations are consistent regarding suspicious character of accused husband, he arriving home under influence of liquor and that time, his mother and daughter were outside the Courtyard - Infirmities as pointed by accused not assume much significance -..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Murder - Both the dying declarations are consistent regarding suspicious character of accused husband, he arriving home under influence of liquor and that time, his mother and daughter were outside the Courtyard - Infirmities as pointed by accused not assume much significance -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Testimony of child witness - PW3 has given very different version about background of occurrence - She was not inside the house where incident occurred at the time of incident - Evidence of child witness discarded...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Testimony of child witness - PW3 has given very different version about background of occurrence - She was not inside the house where incident occurred at the time of incident - Evidence of child witness discarded...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Civil suit -- Expeditious disposal - Directions issued : (i) Courts to ensure proper execution of summons in a time bound manner; (ii) Courts to ensure that written statement is filed with prescribed limit; (iii) Courts to ensure that after pleadings are complete, parties are called to appear as indicated in Order 10 and record admissions and denials and direct parties to..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not produced any document to show his readiness i.e financial capacity - He has also not let any proof to show his willingness - No explanation given by plaintiff as to what transpired to wait for two long years to approach defendant for execution of sale deed after execution of agreement..........
