Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Default in payment - Sentence - Default pertained to 66 months, total sentence of 660 days was imposed after granting benefit of set off - Sentence of ten days for each month of default cannot be said to be disproportionate - Husband himself had surrendered and admitted his liability and..........
Damages -- Suit for defamation - Cause of action for defamation is a personal action and is governed by the principle actio personalis moritur cum persona - Cause of action for defamation does not survive after death of the person concerned, since relief claimed is personal in nature and becomes nugatory upon death - Legal position is thus : (i) If plaintiff dies before a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Central Service Co-operative Bank - Plea that Co-operative Bank does not fall within definition of `Banker' u/s 3 of the Act as it is not licensed by Reserve Bank of India - Supreme Court has emphatically held that essence of "banking" lies in the acceptance of deposits from the public repayable on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Withdrawal slip drawn on a co-operative Bank - Plea that instrument in question cannot be treated as a cheque is devoid of any merit - Substance of transaction, and not its form or nomenclature, is determinative - If the instrument operates as a mandate for payment drawn on an account maintained with an..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Quashing of complaint - Dishonour of cheque whether on account of `insufficient funds' or on account of freezing of account of petitioner - It is a matter of trial - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Quashing of complaint - Though Court concerned may sift evidence for purpose of inferring prima facie case but certainly, it cannot appreciate evidence adduced on record rather that can only be appreciated by trial Court in totality of evidence..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Documents sought are certified copies of public documents i.e jamabandi and mutation - It cannot be presumed that these were not within knowledge of defendant - Application rightly dismissed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Complainant himself requested for referral of dispute to meditation and even participated in the process - No objection was taken from prosecution side for said referral - Even more than 50% of settled amount has been paid back by accused to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of handwriting on kacha parchies (slips) - Person whose handwriting is sought to be compared neither complainant nor accused - Specimen handwriting of person who has appeared in the witness box as a witness only, cannot be directed to give specimen handwriting...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 307, 386, 506, 482, 411, 120B, Arms Act, 1959, Section 25(6), 27 -- Bail - Attempt to murder - Prosecution proposes to examine 23 witnesses to drive home charges against appellant, but none has been examined - Trial is likely to take some time to conclude - Almost two years have passed..........
