Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Neither accused denied his signature in the cheque nor denied receipt of legal notice - Had accused initiated insolvency proceedings or had accused been abducted and cheques forcibly obtained, he would issued a reply notice setting out these facts - Moreover, after perusing original cheque Court does..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per accused, he borrowed money from someone else and cheque was given to him and said person had handed over cheque to complainant for filing prosecution - However, neither signature are denied by accused in cheque nor accused replied to statutory demand notice that was issued by complainant - Though..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Dismissal of petition - Marriage denied by wife - Husband relied upon photographs and depositions of PWs in order to establish that a valid and legal marriage performed between parties as per Sikh rites and ceremonies - However, Gurudwara not affiliated to shiromani Gurudwara..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorce proceedings at the instance of husband was dismissed - Husband was owner of two buses and he is having an income of about Rs.50,000/- p.m from said transport business - Said fact not denied by husband but he has taken a plea that he sold the buses to scrap dealer - However, there is no evidence to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction between complainant and DW2/husband of accused - Cheque issued by accused in discharge of DW2's liability to complainant - Liability of DW2 to complainant was at the most for an amount of Rs.30,000 - This is what was recorded in the agreement itself going by testimony of DW2, which fact..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade (TIP) - PW1 identified accused correctly - However, accused raised an objection that identifying witness had seen him while he was in police custody - Even PW1 denied to have identified accused in TIP - PW1 not identified accused in Court - There is no other evidence..........
Medical education - - Admission to MBBS course - Admission after cut off date - Admission denied to a meritorious candidate/student illegally or irrationally by authorities, for no fault of his/her and who approached Court in time - Admission cannot be denied to such a candidate/student - Grant of compensation in such cases can be a additional remedy but not a substitute..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dispensing of cross-examination of complainant - Petitioner being accused of offence, for which she can suffer even imprisonment, therefore, lest the petitioner should have any impression, though totally misconceived that she has been denied due opportunity to defend herself, it would not be unjustified..........
Agreement to sell -- Specific performance - Readiness and willingness - Execution of sale deed not in dispute - However, there is no receipt of balance sale consideration in the sale deed - It is nowhere mentioned by plaintiff even in his plaint, that pursuant to receipt of reply to legal notice, plaintiff was ready and willing to get sale deed executed by paying entire..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 394, 396, 449 -- Test Identification Parade (TIP) - Dacoity - Incident occurred after mid night - Each of eye witnesses had suffered number of injuries, thus, every one of them had sufficient opportunity to observe accused to have an enduring impression of identity of assailants - Three eye witnesses seen..........
