Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Quashing of - Application for quashing sanction order cannot be entertained when prosecution had already examined seven witnesses...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Quashing of - High Court should not have quashed sanction order and consequent proceedings unless it was satisfied that failure of justice had occurred by such error or irregularity or invalidity - Order of quashing of sanction order set aside...........
Arbitration and Conciliation Act, 1996, Section 16(2) -- Jurisdiction of Arbitral Tribunal - Plea of lack of jurisdiction of arbitral Tribunal cannot be raised after submission of statement of defence...........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a) -- Offence u/s 188 IPC - Magistrate cannot take cognizance of offence punishable u/s 188 IPC upon police report - He can take cognizance of such offence only on the written complaint of public servant whose order has been violated or on the complaint of an administratively superior..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Partition suit - Plea of previous partition - Facts of partition have to be specifically pleaded and proved - Merely contending that suit property has already been partitioned, is not sufficient...........
Hindu Marriage Act, 1955, Section 13 -- Decree of divorce - Challenged by wife - Reasonable opportunity to contest the matter has been denied to wife by family Court while dissolving the marriage - Manner in which Court has proceeded in undue hot haste in rejecting the right of wife on the very next day to cross-examine the husband and thereafter to forfeit the right of..........
Civil Procedure Code, 1908, Section 115 -- Revision - Order of dismissal of suit - Order passed has the status of a decree and challenge to the same has to be made by filing appeal - Revision not maintainable...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife after marriage had stayed with husband in the matrimonial home only for seven months - She had been staying separately now for over a period of 15 months - Desertion for more than a period of 2 years proved beyond reasonable doubt - Divorce rightly granted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When amount is borrowed giving a blank cheque as security for repayment, on default of repayment, holder of cheque gets authority to fill it up and to present it before bank...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Physical presence of payee is not necessary for presenting cheque before bank of payee for encashment through his account...........
