Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Initial burden cast on complainant discharged by him - Defence of accused that cheque has been issued in favour of one `P' and misused by complainant to file a false case against accused not proved, as no positive action is taken by accused like filing a police complaint or issuing a legal notice or..........
Indian Penal Code, 1860, Section 498A, 506, 34, Indian Contract Act, 1872, Section 28 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - Parties are not Muslim by religion, therefore there cannot be any divorce by mutual consent without approaching Court - Any contract which prohibits a party from taking legal action is a void contract...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Plaint discloses cause of action which must be tried for substantial justice between parties - Success of cause of action is a matter of trial - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is having sufficient means of source of income, as he is working in Saudi - Whereas, wife is unable to maintain herself - Wife is entitled to socio-economic status as per financial status of her husband - Maintenance @ Rs.5000 rightly awarded to wife...........
Consumer Protection Act, 1986, Section 2(7) -- Explanation - Consumer complaint - Commercial purpose - Complainant has not pleaded nor proved that service was obtained for earning his livelihood through the means of self- employment - Onus to prove that service was obtained for a commercial purpose is on the service provider - Unless service provider discharges its onus,..........
Service -- Appointment - Denial of - Appellant though passed the selection examination but he was denied the appointment on basis of amended rule which does not even apply in the case of appellant - High Court on one hand thought it fit to proceed with contempt action against erring officers of State Government, but at the same time, denied relief to appellant on basis..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Indian Penal Code, 1860, Section 34 -- Common intention - Mere common intention per se may not attract S.34 IPC without action in furtherance of such common intention...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Summoning of accused - Courts must satisfy fulfillment of primary conditions before issuing summons and fulfillment of these conditions must be mentioned in the summoning order itself Viz: (i) Cheque must be presented to the bank during its validity; (ii) payee or holder, in due course, must give a..........
