Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed before expiry of 15 days from the issuance of notice - Drawer when denies his liability itself and says "No payment" then there is no purpose in waiting for the completion of 15 days - Contention that complaint is not maintainable, rejected...........
Practice and procedure -- Evidence recorded at pre-charge stage required for the purpose of framing charge against accused and on the strength of that evidence conviction cannot be recorded...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18 -- Appeal - Partial deposit before DRAT is a pre-condition for considering appeal on merits - On disposal of appeal, either on merits or on withdrawal, or on being rendered infructuous, in case, appellant makes a prayer for refund of pre-deposit, same has to be..........
Hindu Succession Act, 1956, Section 14 -- Property held by a Hindu female in lieu of pre-existing right of maintenance after coming into force of Hindu Succession Act would blossom into complete ownership and therefore, she can deal with the same in any manner she likes in accordance with law - No hurdle or fetters can be placed on such ownership...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Accused was only 22 years of age at time of incident - It was not pre-planned case of attempt to murder - Accused in fit of anger caused injuries to complainant - He has already spent more than 5 years behind bar and was out of jail on bail for more than 12 years - Keeping in view that..........
Criminal Procedure Code, 1973, Section 482 -- Scope - At the pre-trial stage evaluation of truthfulness or otherwise of allegations levelled by prosecution/complainant are not required to be gone into...........
Specific Relief Act, 1963, Section 28 -- Recession of contract - Pre mature application - Application for recession of contract filed during pendency of application for extension of time for deposit - Unless prayer for enlargement of time is decided, there is no question of considering prayer for rescinding the contract - Moreover, once prayer of extension of time is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Additional accused can be summoned on the basis of pre-summoning evidence...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Pre-mature application - Clause 63 of Agreement between parties allowing 60 days time to Railways to respond to the demand of contractor for arbitration by sending a panel - However, respondent contractor without waiting for the said 60 days filed application u/s 11 of the Act - Application..........
Family Courts Act, 1984, Section 7(1) -- Explanation (c), Hindu Marriage Act, 1955, S.27 - Application for return of stridhan - To be presented in the form of plaint, failing which mandatory pre-requisites u/s 20 of Hindu Marriage Act would be missing and application itself will be outrightly dismissal at threshold - Family Court committed no error in directing the..........
