Criminal Procedure Code, 1973, Section 125 -- Maintenance - Refusal to grant - Validity - Factum of existence of marriage of "K" with "T" uptil 1998 is itself evident from her own statement - In such a situation, she could not be said to be a legally wedded wife of "N" although she might be living with him since 25.01.1994 - Held, her status, at best, if any, can only be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Amount of Rs.7,50,000/- was involved - Inconsistent versions of complaint about subject transaction and execution of cheques - Non-mentioning of loan in income tax returns of complainant - Non-production of any bank statement - Non-filing of any books or statements of account -..........
Criminal Procedure Code, 1973, Section 164(2), Evidence Act, 1872, Section 25, 26 -- Confessional statement - Admissibility of - Confessional statement recorded on dictation of SDM during investigation - Appellant in police custody - Validity of - Held, confessions made in immediate presence of a Magistrate would not be admissible in evidence in case they were not recorded..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Defence set up by accused that he had no privity of contract with complainant and issue of cheque was only as a security in relation to transaction with another - Fact that cheque was issued to complainant, a freight agent, for transporting goods of accused is practically..........
Specific Relief Act, 1963, Section 38, 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Suit for permanent injunction - Issue regarding title not framed - On the basis of pleadings of defendant in his written statement issue was framed that as to whether plaintiff is owner in possession of suit land - No challenge was made to the validity of sale deed in favour of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Additional written statement - Refusal to accept - Validity of - After amendment petition was allowed and filed, petitioners were given several chances to file additional written statement - They had challenged the order allowing amendment petition before High Court - Additional written statement was filed within two days..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Authority of local commissioner - Local commissioner appointed to record the statement of a witness who was aged and not keeping good health - Statement of parties before him regarding settlement of matter - Recording of compromise on the basis of settlement arrived at between the parties - Validity of compromise..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 67 -- Charge - Sustainability - Officer duly empowered to record statement - Validity of confession not to be decided at the stage of framing of charge - Officer of Customs and Excise, Officer of the Revenue Intelligence, Officer of the Narcotics Control Bureau are not officer-incharge of Police Station..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance of agreement to sell - Application for amendment of written statement by subsequent purchaser to the effect that agreement was unconscionable - Vendor had not taken such plea - Subsequent purchaser had no independent right to challenge validity of agreement..........
Motor Vehicles Act, 1988, Section 149(2)(a)(ii) -- Driving licence - Validity of - Liability of insurer - Statement of the owner that he had seen the driving licence when he had employed the driver - Photocopy of the driving licence shows that said driving licence was issued on 08.11.1988 in the name of the driver and was valid upto 05.11.1997 - If the driving licence is..........
