Limitation Act, 1963, Section 3 -- Limitation - Court u/s 3 of the Act has jurisdiction to look into the question of limitation, even if no plea of limitation has been set up by defendant or no issue is framed regarding limitation - In such an event, suit deserves to be rejected since the question of limitation is a pure question of law...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rejection of application - Appeal - Maintainability - Appeal was filed on 28.06.2023 and order for issuance or proclamation u/s 82 Cr.P.C. was passed on 11.08.2023 - In between, there was no interim order restraining coercive measure against the accused by Court - Appeal against order of rejection of..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Work contract - Construction of terms of a contract is to be adjudicated by arbitral Tribunal - If after considering the material on record, arbitral tribunal takes a particular view on interpretation of contract, Court u/s 34 of the Act does not sit in appeal over findings of arbitrator...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101(2), 15 -- Appeal - Order passed u/s 15 of the Act - While considering appeal against an order passed u/s 15 of the Act, appellate authority can also take assistance of experts other than those who assisted the Board...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101(2), 15 -- Appeal - Order passed u/s 15 of the Act - Appeal can be filed within a period of 30 days - However, appellate Court can entertain the appeal after the expiry of said period, provided sufficient cause is shown...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Circumstances leading to murder of deceased were in the exclusive knowledge of appellant - He has offered no explanation as to the manner in which deceased was strangled to death within the confines of the room where only he and deceased were present -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Comparison of writing on body of cheque - Once defence has been set up by accused that cheque was misused at the instance of complainant, same having been filled up with different hand, it was essential to get the same compared with signature of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
