Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default for non-appearance of complainant on the date fixed without affording even a single opportunity is wholly unjustified - Default being singular ought to have been ignored by Court and to do substantial justice, it ought to have..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When cheque was sent for collection through another bank and intimation of dishonour was received from that bank along with dishonour memo issued by drawee bank, 15 days period can be reckoned from the date of intimation from collecting bank and not from date of dishonour of cheque by drawee bank...........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Stridhan - Non-return of Stridhan - Complaint by father - Locus standi - Father has no right when daughter is alive, well, and entirely capable of making decisions such as pursuing the cause of recovery of her stridhan - Moreover, action was initiated for securing possession of articles and..........
Service -- Determination of seniority - Seniority cannot be granted from a date on which employees were not even born in cadre...........
Service -- Appointment - Post of primary school teachers - Qualification - B.Ed qualified candidates were held to be disqualified as per Devesh Sharma case delivered on 11.8.2023 - Petitioners having B.Ed qualification were appointed post 11.8.2023 - Completion of selection process prior to 11.8.2023 is not material - Date of appointment is important which is certainly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused was aged around 24 years at the time of incident and now he is 46 years old - He has already suffered the agony of protracted trial, spanning over a period of more than 22 years and he remained incarcerated for some time after passing of judgment - Looking to the long..........
Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition of furnishing FDR of Rs.15 lakhs - Accused was granted bail about three months ago and till date, accused is languishing behind the bars due to her inability to fulfill the condition imposed while granting bail - Imposing such onerous condition while granting bail defeats very purpose of granting..........
Service -- Transfer order - Regularization of period during which employee not joined the place of posting - Transfer orders had been set aside by Single Judge which was confirmed by Division bench - Respondent nos. 4 and 7 would be entitled to receive their salaries with effect from the date of judgment by Single Judge - However, since respondent no.4 remained absent..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Victim was five years of age on the date of occurrence - Neither victim nor her parents supported prosecution case - Though, injury has been found on the private part of victim but whether this injury has been caused by rape by accused could not be proved by..........
