Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Quashing of complaint - Dishonour of cheque whether on account of `insufficient funds' or on account of freezing of account of petitioner - It is a matter of trial - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Quashing of complaint - Though Court concerned may sift evidence for purpose of inferring prima facie case but certainly, it cannot appreciate evidence adduced on record rather that can only be appreciated by trial Court in totality of evidence..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Maintenance to wife - Once marriage inter-se husband and wife is not in dispute, rather stands admitted by husband as well as in-laws, wife being legally wedded wife of husband is entitled to seek maintenance under the Act, subject to her proving domestic violence, if any, committed..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Once marriage inter-se husband and wife is admitted and no legal/valid document with regard to subsistence of earlier marriage of wife ever came to be placed on record, complaint filed u/s 12 of the Act at the behest of wife is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Maintenance to wife - Wife successfully proved on record that husband as well as her in-laws repeatedly tortured her physically and mentally for bringing less dowry - She also proved that she was given beatings by husband as well as her in laws - Husband is working in Indian Army and..........
Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Merely because a girl is friendly with a boy and day is valentine day, it does not give licence to boy to forcibly establish sexual relations with her...........
Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Filing hair parting of girl with vermilion without her consent cannot be justified, though it is not a prescribed offence...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Alleged incident occurred against consent of victim - It is not a fit case to grant bail to accused at this stage - Bail application dismissed...........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Commercial purpose - Burden to prove that goods purchased or services availed, as the case may be, is for a commercial purpose is on respondent and not complainant...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Transaction out of which complaint arises is regarding a deposit made by appellant with Bank - There is no dispute that such deposit was made and Bank had agreed to pay interest - Thus, to that extent bank is service provider and appellant a service recipient qua Bank's contractual obligation to pay interest..........
