Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint through power of attorney holder - (i) Filing of complaint u/s 138 of N.I Act through power of attorney is perfectly legal and competent; (ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint - However, the power..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint petition u/s 138 of NI Act..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through power of attorney holder - Power of attorney holder being husband of complainant has witnessed all transactions and he possesses due knowledge about them - He is associated with all transactions at all crucial stages - Power of attorney..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide requirement - Leave to defend - Exercise of power - Held, Controller has a statutory duty to grant leave to defend if affidavit discloses the facts which could raise suspicion on genuineness of need of landlord which can in effect disentitle landlord from recovering possession on ground of bona fide..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Arbitration award - Objections - Framing of issues - (i) Not mandatory to frame issues; (ii) Court if finds necessary can frame issues; (iii) Parties not to be allowed to lead evidence as in a regular civil suit; (iv) If Court finds that on certain question of fact or on..........
Criminal Procedure Code, 1973, Section 482, 190(1)(b) -- Protest petition - Taking of cognizance - Quashing of - Protest petition filed by informant stating that within ten days IO submitted final report on the basis of imaginary facts - He has not done investigation thoroughly - This protest petition was supported by an affidavit - Magistrate has rejected final report..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Complainant's statement-i, chief - Held, it could be on affidavit although it is open to call him for cross-examination in exercise of power u/sub-s.(2) of S.145 of NI Act...........
Armed Forces (Special Powers) Act, 1958, Section 6, Criminal Procedure Code, 1973, Section 197(2) - - Sanction of Central Government for prosecution - Requirement - Accusation made in charge-sheet and averments made in army affidavit does not indicate any relation or nexus of incident with exercise of power under the 1958 Act - Held, protection u/s 6 of the 1958 Act would..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Presence of party - When necessary? - Petitioner expressed his inability to be personally present as he is living in UK - No objection from respondent's side for grant of divorce - Held, unless there are suspicious circumstances or any reason to think that averments contained in the affidavit filed by the..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 10, Civil Procedure Code, 1908, Order 21, Rule 41(2) -- Application for interim maintenance - Dismissal - On ground of no, mentioning anything in divorce application by wife regarding her income - Fresh opportunity to file fresh affidavit disclosing her income and her exact financial status not given..........
