Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to : (a) An offence u/s 138 of the Act is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that amount exceeds the arrangement made with bank; (b)..........
Specific Relief Act, 1963, Section 6 -- Remedy u/s 6 of the Act - Available to a trespasser against true owner, licensee against licenser and tenant against landlord, in case of dispossession without consent of the former otherwise than in due course of law, by the latter...........
Specific Relief Act, 1963, Section 6 -- Recovery of possession of immovable property by one co-owner against another co-owner - Remedy u/s 6 of the Act is available to one co-owner or co-owners against another co-owner or co-owners, in case of forcible dispossession by the latter without consent of the former, otherwise than in due course of law - Actual possession over..........
Specific Relief Act, 1963, Section 38 -- Co-sharer - Permanent injunction - Plaintiff in possession of suit property as co-sharer - A co-sharer in established possession can be dispossessed only during the course of partition i.e. by due course of law - Injunction granted, as it is not case of any one that plaintiff is using the land detrimental to the interest of other..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Law with regard to amendment of pleadings is very liberal - Amendments are freely allowed as may be just and for determining the real question in controversy between parties - Courts should not go into factual correctness or falsity of case in amendment and merits of amendment are not to be adjudged at..........
Criminal Procedure Code, 1973, Section 154, 482 -- Second FIR - Quashing of proceedings - Registration of second FIR against petitioners after referring to first FIR as mistake of fact, certainly amounts to abuse of process of Court - As there is a Bar under law to register second FIR in respect of same incident basing on the same set of facts - It is a fit case to quash..........
Evidence Act, 1872, Section 92 -- Proviso 1 - Exclusion of evidence of oral agreement - Plea to invalidate any document proved in accordance with S.91 of Evidence Act is available, where a case is made out of fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration or mistake in fact or law...........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Suicide in matrimonial home in about a year and three months of marriage - Neither victim nor her family members ever lodged any complaint against appellants for harassment or cruelty meted out to victim - Allegations are unspecific, uncertain and vague - Investigation is defective - Statements given by PWs are..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant was regularly appearing before trial Court either personally or through his counsel right from date of institution of complaint, except the date on which complaint was dismissed - Trial Court has not recorded any..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 6, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile in conflict with law - Murder case - Imposition of life imprisonment - Appellant did not raise plea of juvenility either before trial Court or before High Court - Appellant raised claim before Supreme Court..........
