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ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - Right of mother to seek maintenance from his son does not get extinguished only due to fact that she had not nurtured his son or she contracted second marriage with some other person...........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - Mother left his son 36 years ago and contracted second marriage - Factum of mother and son is established between parties - Right of mother to seek maintenance from his son does not get extinguished only due to fact that she had not nurtured his son or she contracted second marriage with some other..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Three cheques were dishonoured and three notices were issued - There is no impediment in holding a joint trial - Plea of accused that single complaint for three cheques is not maintainable rejected...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Three cheques were dishonoured and three notices were issued - There is no impediment in holding a joint trial - Plea of accused that single complaint for three cheques is not maintainable rejected...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint not filed by authorised person - Quashing of complaint - Complaint cannot be quashed simply because the authorization was not proper...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint not filed by authorised person - Quashing of complaint - Complaint cannot be quashed simply because the authorization was not proper...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques do not bear the signatures of accused - It is a matter to be seen after trial and cannot be adjudicated at this stage - Petition for quashing dismissed...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques do not bear the signatures of accused - It is a matter to be seen after trial and cannot be adjudicated at this stage - Petition for quashing dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Dismissal of suit on account of default should fall in the category of exceptions - Courts are expected to decide the litigation after examining evidence led by parties on merits...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration was filed within 15-16 days - Dispute in question relates to immovable property - Plaintiff is resident of UK and in such circumstances, it is difficult for him to supervise progress of litigation on each and every date of hearing - Suit restored...........

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