Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Cause of action - Date of accrual of cause of action varies in accordance with `receipt' or `refusal' of notice as the case may be...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Transfer of Property Act, 1882, Section 106 -- Counter claim - Averments made in counter claim regarding termination of tenancy themselves constitute notice as mandated u/s 106 of T.P.Act which matures upon expiry of 15 days from the date of its service upon tenant or his counsel and its prematurity has not been raised and..........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - Acquittal of accused - Due to lack of information about the transfer and posting date, complainant could not make his presence available on three consecutive dates of posting after the transfer - Magistrate without applying his mind into conduct of complainant in prosecuting the case prior to..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of status quo order - Plaintiff contended that defendant violated the interim order of status quo by removing the stall on the suit property - Contention rejected as suit property is a common passage and all the parties have equal rights - Order of status quo would only convey that parties have to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Divorced wife can launch prosecution for the acts of harassment and legal cruelty committed by her husband during the subsistence of marriage - Subsequent divorce between the parties will not have any impact on launching prosecution - Status of husband as on date of offence is relevant and not on date of filing of..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Right to appeal given to a `victim' u/s 372 Proviso Cr.P.C. is prospective - It is the date of passing of order to be appealed from and not any other fact situation, which shall determine the right to appeal of a victim...........
Indian Penal Code, 1860, Section 302, 34 -- Death by burning - Conduct of accused/husband of deceased - Deceased was not provided prompt medical treatment and she was given treatment after about five and half hours of incident - Conduct of accused for not providing medical treatment to deceased is unnatural and is not in accordance with ordinary human conduct or otherwise..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - All the four accused persons appeared at the scene of occurrence armed with deadly weapon and have actually participated in the commission of alleged offence by causing injuries to deceased by their respective weapons - There were strained relations between both the parties - Medical evidence not in..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - Order of maintenance passed after consent of parties - Plea of interpolation and over writing in order - Appellate Court upon examination of record categorically recorded that over writing has been duly initiated by Presiding officer - Parties have put their signatures on order..........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Premature complaint - Notice issued on 12.10.2010 - Complaint filed on 19.10.2010 - Complaint filed before accrual of cause of action, as 15 days period specified u/s 138(c) of the Act has not expired, is not maintainable - It is redundant to decide as to on which date cognizance was taken -..........
