Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Evidence on affidavit - Evidence already given by complainant by way of affidavit is sufficient proof of offence - This evidence not required to be given again in terms of S.145(1) of the Act and has to be read during trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross-examination of complainant - Once complainant has brought forward his case by giving his affidavit about issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as to, on what point he wants to cross examine..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Defence evidence - An accused who considers that he has a tenable defence and case against him was not maintainable, he can enter his plea on very first day of his appearance and file an affidavit in his defence evidence and if he is so advised, he can also file an application for recalling..........
Will -- Execution - Proof - It is incumbent on attesting witness while appearing in Court and tendering his affidavit by way of examinatio, i, chief in evidence, identify the signature of the executant and signatures of himself and other witnesses on the document, without which a document as Will is not proved...........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Illegal detention - Custody of child - Petitioner is only surviving parent of child and natural guardian - He neither abandoned nor neglected child - Due to death of mother of child, child was taken care by respondents (mother and sister of mother of child) - Child lost his mother when he was just two months and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Family Court while passing final order has not given any reasons as to why maintenance was awarded only from date of passing order and not from date of filing petition - Wife stated in her affidavit that she has never been employed since filing of maintenance petition before..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Four cheques issued on different dates for single debt - There is absolutely no reference to debt in statutory demand notices - In complaint amount of debt is quantified at Rs.3 lakhs, but there is no whisper about date on which debt was incurred -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Application for cancellation of issuance of non-bailable warrant was dismissed - Record does not reflect that accused persons were served with copy of evidence on affidavit of complainant - As such they could not be insisted to cross examine complainant on the same day - Despite application for..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband alleges that he is unemployed - However, it is unacceptable that husband who is 26 years old and holding a degree in BBA continues to remain unemployed - Affidavit of assets, income and expenditure filed by husband is found to be extremely ambiguous - Except for writing "NA" in most of columns..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Deficiency in written statement came to knowledge of defendant only when newly engaged counsel was required to prepare affidavit of defendant to be submitted in evidence before Court - There is nothing to show any lack of diligence on part of defendant - Even, no prejudice would be caused to..........
