Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Available only when there is either admission or proof of execution of the cheque...........
Consent decree -- Passed on the basis of admission in written statement - Statement of defendant not recorded - By itself not a circumstance to uphold the plea of fraud - Written statement verified by one defendant and even that thumb impression was forged and thus there was no verification of written statement at all - It was not a valid written statement - Consent decree..........
P M E T, 2009 -- Clauses 7 4, 7 7 and 6 2 - Admission - Medical courses - Prospectus - Petitioner with better merit denied admission on 3.9.2009 on total misinterpretation, misconstruction and misconception of Clause 7.7 of the Prospectus which otherwise certifies the eligibility of candidates who passed their 10+2 examination from the institutions outside the State of..........
Consumer Protection Act, 1986, Section 12 -- Complaint - Dismissal in limine - On the ground that it has not been disclosed in the complaint as to what items were being carried in the luggage and no documents were filed to show that any complaint for the missing luggage was given to the OP by the complainant - Order of dismissal at the stage of admission on these grounds..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Proposed amendment clearly amounts to withdrawal of admission made in the written statement - Cannot be allowed - Order dismissing application, upheld...........
Industrial Disputes Act, 1947, Section 2(oo), 25(B)(2)(a), 25F -- Termination - Continuous service - As per Section 25 - B(2)(a) of the Act, the period of one year is to be taken with reference to the date of termination - It would be 12 months preceding the date of his termination - Service of the workman terminated on 1.7.2003 - 12 preceding months would be from..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Allegations that husband and in-laws tortured deceased physically and mentally - Post mortem report did not reveal any injury except burn injury - Complainant, uncle of the deceased, deposed that deceased was subjected to torture by the husband and in-laws which prompted her to make an..........
Criminal Procedure Code, 1973, Section 227, Dowry Prohibition Act, 1961, Section 3, Indian Penal Code, 1860, Section 376 -- Discharge of accused - Sexual intercourse on false promise of marriage - Father of victim approached father of accused for marriage but latter demanded Rs.5.00 lacs as dowry - Parents of both the parties had knowledge about their indulgence in sex -..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Quashing of FIR - Accused acquitted on ground of alibi as he was admitted in hospital as he suffered injuries when he was on his way to Hanumangarh - Present FIR lodged against petitioners on allegations that they produced false certificate qua admission of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission - Judgment - A judgment on the basis of admission can only be passed when there is a clear and unequivocal admission of facts on the face of which it is impossible for the party making it to succeed...........
