Investigation -- Deficiency - If deficiency in investigation or prosecution is visible or can be perceived by lifting the veil trying to hide the realities or covering the obvious deficiencies, Courts have to deal with the same with an iron hand appropriately within the framework of law - It is as much the duty of the prosecutor as of the court to ensure that full and..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Jurisdiction - Complaint ordered to be returned to be filed in the Court within whose jurisdiction drawee bank is located as evidence u/s 145(2) of the Act has not commenced by following the law laid down by Supreme Court in case Dashrath Rupsingh Rathod reported in 2014(3) Civil Court Cases 814..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of appeal - Increase in Court fee payable after institution of suit and before filing of appeal - Court fee is payable on memorandum of appeal according to law in force on the date of institution of suit, in the absence of any provision giving retrospective effect to the amendment increasing the Court fee payable..........
Service -- Departmental enquiry - Allegation of mal-administration - Filing of writ petition containing allegations that Government of India is lax in discharging its constitutional obligations of establishing rule of law cannot amount to either failure to maintain absolute integrity and devotion to duty or of indulging in conduct unbecoming of a member of service - R.3..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint before expiry of 15 days from the date on which notice is served - Held, it is no complaint in the eye of law - Cognizance of offence cannot be taken on the basis of such complaint - Merely because at the time of taking cognizance period of 15 days has expired from the date on which notice has..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed before expiry of 15 days period from the date on which notice is served - It is no complaint in the eye of law - Directions issued that payee or holder in due course may file a fresh complaint within one month from the date of decision in the criminal case and in that event, delay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients required for making out a case u/s 138 of the Act - Law pronounced in case M/s Kusum M/s.Kusum Ingots & Alloys Ltd. v. M/s.Pennar Peterson Securities Ltd. and Ors. etc. etc.; 2000(1) Apex Court Journal 261 (S.C.) : AIR 2000 SC 954 : 2000(2) SCC 745 reiterated : (i) a person must have drawn a..........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 23A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Issues - Omission to frame an issue regarding cruelty - When one party affirmed a fact or law and denied by other, Court is bound to frame an issue or point of consideration depending upon pleadings on record - Trial Court failed to..........
Protection of Women From Domestic Violence Act, 2005, Section 20 -- Domestic violence - Monetary relief as stipulated u/s 20 of Act is different from maintenance which can be in addition to an order of maintenance u/s 125 of Cr.P.C. or any other law - Such monetary relief can be granted to meet the expenses incurred and losses suffered by aggrieved person and child of..........
Mohammedan Law -- Dissolution of Marriage - Word `Khula' - Meaning - `Khula' is a mode of dissolution of marriage when wife does not want to continue with the marital tie - To settle the matter privately wife need only to consult a Mufti (juris consult) of her school - Mufti gives his fatwa or advisory decision based on the Shariat of her school - If wife does not want to..........
