Limitation Act, 1963, Section 5 -- Condonation of delay - Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for a long, it cannot be presumed to be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that substantial justice deserves to be preferred as against the..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - When an application is filed by appellant u/s 389 Cr.P.C. for suspension of sentence, it is presumed that he is seeking suspension without any..........
Muslim Law -- Interim maintenance - Claimed by grand daughter from grandfather - Father of child died - Affidavit is on record by respondents stating that mother of child has no source or income to take care of child - Petitioner/grandfather of child failed or refused to file objections against the same and did not impel any contention against its maintainability even at..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation - Merely because State or Municipal Council is party to the suit, it cannot be presumed that Revenue authorities would act mala fidely - Trial Court committed material illegality by rejecting application - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Unless contrary is proved, it is to be presumed that a holder of a cheque, received the cheque of the nature referred to in S.138 of the Act for the discharge in whole or in part of any debt or liability - However, the onus of proving that cheque was not in discharge of any debt or..........
Agreement to sell -- Registration - Once execution of registered agreement is admitted by defendant, endorsements made by sub-Registrar would be presumed to be correct u/ss 58, 59, 60 of Registration Act...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 376(2)(h), 313, 323, 504, 506 -- Rape - False promise of marriage - Quashing of FIR - Sexual relationship between parties was purely on the assurance of accused to marry victim - Act of accused in abusing and assaulting victim when he learnt that she conceived from him indicate lack of intent right from the beginning -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice - Legal notice was sent on 19.12.2018, therefore, for want of any specific averment and proof of service, if the presumption of service of notice in reasonable time is raised, it should be deemed to have been served at best within a period of 30 days, from the date of its post i.e...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - There is no rule of thumb that marriage may be presumed to be irretrievably broken down solely for the reason of length of separation suffered - Only where one of parties is seen to have voluntarily deserted the other and parties have continued in that status for long period of time..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Public pathway - Grant of injunction - Plea that Courts below ought not to have granted a decree for injunction restraining the other member of the public from using the suit property - Plaintiff proved his possession over suit property by producing village register - Physical features noted by Advocate..........
