Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Date of payment of maintenance - Family court awarded maintenance of Rs.4,000 per month from the date of order - However, maintenance is required to be paid from the date of filing of application as the period during which maintenance proceedings remains pending is not in the hand of applicant - Maintenance..........
Service -- Disciplinary proceedings - Imposition of penalty - Guilt of respondent after following due process of law has been established - Inquiry does not suffer from any procedural irregularity and charge-sheet has been issued by competent disciplinary authority - Final order has been passed after following due process of law by competent disciplinary authority..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - In order to claim benefit of presumption, there must at least be basic allegations specifying the obligation for which accused issued the cheque...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amended plaint - Beyond the order allowing amendment - Plaintiff permitted to file amended plaint strictly in accordance with permission granted by trial Court...........
Registration Act, 1908, Section 71, 23 -- Refusal to register document on the ground of limitation - Delay was purely attributable to continued restraint order passed by Court - Documents were presented for registration immediately after stay was vacated - Entire period available for petitioner to present the documents for registration excluding period of existence of..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Dishonour of cheque - Summoning of accused - Drill of S.225 BNSS not followed before issuance of process - Summoning order set aside - Matter remitted...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 84 -- Dishonour of cheque - Proclaimed person - Satisfaction recorded by trial Court cannot be stated to be proper since no effective service of notice/bailable warrants/non-bailable warrants was proved to have been effected upon petitioner - Action of trial Court by switching..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Exercise of inherent powers is not limited to a separate application filed u/s 482 Cr.P.C and such power can be exercised by Court in any proceeding before it to make such orders as may be necessary to give effect to any order under Cr.P.C or to prevent abuse of process of any Court or otherwise to secure the..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Court in exercise of its inherent powers recognized u/s 482 Cr.P.C, can recall an order passed in any case ex-parte upon sufficient cause being shown for non-appearance when the case was decided - However, in exercise of inherent powers a Bench of High Court cannot interfere in any order passed by another..........
Criminal Procedure Code, 1973, Section 482 -- Recall of ex parte order - For seeking recall of an ex parte order passed in a revision, petitioner should approach same Court by filing an application for recall of order and a separate application u/s 482 Cr.P.C cannot be entertained for this purpose - Application dismissed...........
