Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Denial of marriage and disowning children - Documents on record show that opposite party introduced himself as father in different institutions including bank account - Certificate of date of birth duly issued by Govt. Officers of both children have been brought on record - Domicile..........
Service -- Departmental proceedings - Failure of natural justice by not producing required documents - In the absence of proof that letter demanding certain documents was received by Bank, it is not permissible to proceed to draw an inference that there was failure of natural justice in the bank having denied certain documents...........
Constitution of India, 1950, Article 14 -- Equity - Levy of service tax on immovable property - Recovery from respondent - Airport premises leased out for certain services - Said dispute of service tax was settled by consent award directing respondent to pay tax on demand by Government - Airport authority despite award in its favour, insisting on respondent to submit bank..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Indian Penal Code, 1860, Section 409, 468, 471, 120B - - Bank Manager of Public Sector Bank - Unauthorized conversion of public funds to private funds of an individual - Diversion of public funds by accused amount to criminal breach of trust by committing forgery/use of forged documents as well as offence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Dictum of Supreme Court that Court within whose jurisdiction the drawee bank is situated has jurisdiction to entertain the complaint u/s 138 of the Act - Dictum of Bombay High Court that in case of cheque issued at par then the bank in which it was presented and dishonoured will be deemed..........
Criminal Procedure Code, 1973, Section 102 -- Bank account - Of accused or any of his relation is property within meaning of S.102 of the Code - Police officer in course of investigation can seize or prohibit the operation of the said account if it has direct link with the commission of offence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of marriage by husband - Wife produces marks sheet of her son in which name of father was of petitioner - In transfer certificate and domicile certificate also name of petitioner was written - Nothing contrary produced by husband which makes his marriage with wife doubtful - Petitioner was living with his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If a blank post dated cheque is provided to holder then he has right to fill in blanks and present the same to bank for encashment - The person, who hands over blank cheques acquiesces that holder would be at liberty to fill the same and present it to the bank for encashment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Complainant having knowledge of dishonour of cheque prior to receipt of intimation from bank - Period of 30 days for sending notice has to be computed from the date of knowledge and not from the subsequent date of intimation received from bank...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 177 -- Dishonour of cheque - Territorial jurisdiction - Issuance of cheque of a bank at place `B' - Cheque encashable at any branch of the bank - Cheque presented for encashment at place `Q' and sent for clearance to bank at place `P' - Cheque dishonoured at place `P' - Court at place `P'..........
