Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan of Rs.4.50 lakhs - Complainant not able to establish his financial capacity to advance such a huge loan - No document to establish alleged transaction - Failure to establish a close friendly relationship - Complainant does not know the name of wife of accused, details of his other family..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Jurisdiction - If petition is filed alongwith affidavit, disclosing residential address of petitioner in the duly sworn affidavit, that itself is sufficient to continue the proceedings to provide immediate relief to the destitute wife/children...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Notice issued on official address, where a person is working, if returned with endorsement of refusal to accept, presumption of duly service of notice cannot be drawn - Necessary demarcation is required to be carved out in between personal address and official address...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Victim seeking permission to address oral arguments to oppose anticipatory bail - Court to hear counsel for the victim on merits of anticipatory bail application, after conclusion of arguments on behalf of State and Court shall thereafter decide anticipatory bail application as expeditiously as possible...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons sent, to address at Chennai, received back as `Unclaimed' as defendants are staying in USA - Court ordered substituted service by newspaper publication - Defendants deposited entire decretal amount to show their bona fides - One opportunity must be given to defendants to defend suit -..........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Affixation of copy of summons on the house - It is not mandatory requirement to mention the name and address of witness, in whose presence the copy was affixed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Process server tendered summons to wife of defendant, as defendant was not present in the house, but she refused to accept the same upon which he affixed copy of summons on the house - There was no dispute regarding identification of house - House of defendant was well known, happened to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea that notice was not served at the current address of accused - Notice sent by registered post to the address as given in Voter Identification Card and Driving License in the name of accused - Notice received back with postal endorsement "receiver is not residing at this address" - It..........
Value Added Tax -- Assessment order - High Court directed departmental action against appellant with comments regarding competence of appellant to discharge quasi-judicial functions - At time of passing assessment orders, appellant had no other registered address of respondent on record - Therefore, his action of passing ex parte assessment orders could not have been..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay of 1246 days in filing application U.O.9.R.13 CPC - Address of defendant mentioned different in different documents - Making the defendant to suffer under an ex parte decree passed would be unjustifiable - Substantial justice should be done by giving due opportunity to..........
