Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel between accused and deceased and there was hot exchange of words - Accused had given a solitary blow on the chest of deceased by means of a knife - He is a members of ST and hails from Scheduled area of State, judicial notice of fact can be taken that their temper usually run high and behavior..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Despite receiving statutory notice the same was not replied - Issuance of cheque not denied at the first available opportunity - Statutory presumption u/s 139 of the Act operates against accused...........
Medical education -- Cancellation of admission to MBBS - State quota - Appellant and his parents are domicile of the State of Maharashtra - Appellant's father is serving in BSF and owing to deployment of his father outside the State of Maharashtra, appellant passed his SSC and HSC exams from an institution outside the State of Maharashtra - Appellant is qualified to seek..........
Limitation Act, 1963, Article 54 -- Limitation - Specific performance - Notice was issued in the year 1996 calling upon defendant to execute necessary deeds of sale - No such deed of sale has been executed by defendant and consequently, said inaction would have to be treated as a refusal - Limitation would have to be calculated as having commenced from the year 1996 and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of date of cheques - Date of cheques wrongly mentioned in complaint, notice and even in affidavit filed in support of complaint - Same cannot be said to be a simple or curable infirmity but relates to a substantial infirmity - Amendment at the stage when summons have..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Order declining ad interim injunction - Appeal - If Court just gave notice of application U.O.39.Rr.1, 2 CPC to other party without expressing any opinion declining the ad interim injunction then appeal is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 12 -- Ex parte judgment - Setting aside - Proceedings u/s 12 of Hindu Marriage Act - Wife was not duly served with notice and procedure adopted for directing substituted service being vitiated, therefore, ex parte judgment set aside - Matter remanded back to Family Court for decision afresh ...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by Company - Offence punishable u/s 138 of N.I Act is complete on the day the accused/company and the Directors who were incharge of the affairs of company fail to make the payment in response to statutory notice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82, 83 -- Dishonour of cheque - Issuance of proclamation - Satisfaction of Court must be indicated in the order that despite service of notice, summon, bailable warrant and non bailable warrant the person concerned deliberately avoided the proceedings - Order issuing proclamation lacking..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Document in question is not in possession of plaintiff and despite best efforts, same could not be procured from earlier counsel - Previous counsel categorically stated that said notice is lost from his office - Notice u/s 66 of the Act is not required to be given by plaintiff, as case of plaintiff falls u/s 66..........
