Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - General allegations made by wife against husband - No specific instance had been quoted by wife to prove the allegations of her being subjected to physical or mental cruelty at the hands of husband - Wife and her father had even denied any knowledge about facts as narrated in the..........
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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused on receipt of legal notices within 15 days not paid the amount towards discharge of liability qua cheque in question - Complaint was filed within one month of lapsing of 15 days after receipt of legal notices - Accused not raised any probable defence - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment of year of cheque - Year of cheque wrongly mentioned in notice, complaint and in evidence recorded - In a complaint of dishonour of cheque date is a relevant aspect based on which entire aspect relating to issue of notice within time frame as provided in the Act and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the time of examining the prayer for quashing of criminal proceedings, Court exercising extra-ordinary jurisdiction can neither undertake to conduct a mini trial nor enter into appreciation of evidence of a particular case - Correctness or otherwise of allegations made in the complaint cannot be..........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by husband - In the absence of proof that wife filed false dowry demand complaint, merely filing a complaint before All Women Police Station would not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife stayed with husband for just 82 days in thirteen years of marriage and levelled allegations of demand of dowry and physical cruelty, filing complaint before Registrar (Vigilance) tantamounts to cruelty - Divorce petition rightly allowed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife stayed with husband for just 82 days in thirteen years of marriage and levelled allegations of demand of dowry and physical cruelty, filing complaint before Registrar (Vigilance) tantamounts to cruelty - Divorce petition rightly allowed...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Summoning of accused - For summoning of an accused, prima facie case is to be made out on the basis of allegations in the complaint and pre-summoning evidence led by complainant...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - When the factum of demand is not proved, complaint and subsequent recovery of amount from accused on the date of trap cannot form basis to convict accused - Accused acquitted by giving benefit of doubt...........
