Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Premature complaint - Date of dispatch of legal notice regarding bouncing of cheques by complainant is 24.7.2007 - Date of deemed service of notice of legal notice upon accused would be on or about 24.8.2007 (30 days from dispatch of legal notice) and 15 days from date of service of notice would..........
Release of prisoners -- Prisoners already released on bail from jail by virtue of orders passed by SC from time to time and on the basis of recommendations of different High Powered Committees constituted for the purpose - Therefore, they shall not be asked to surrender to prison until further orders - However, since Court is not made aware about criteria being adopted by..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant contended that mutation of suit property is in his favour - However, defendant failed to produce certified copy of mutation register - Plea taken by plaintiffs is found trustworthy that defendant is neither in legal possession of suit property nor same was validly mutated in his name - Suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of ownership - Plaintiffs in their plaint are claiming to be natural legal heirs of deceased - Defendant on the other hand are disputing natural succession of deceased on basis of Will - Thus, it cannot be said that plaint filed by plaintiffs does not disclose any cause of action -..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - It is not within jurisdiction of trial Court either to reduce or to give up or to alter penalty, which would be legal consequence of forfeiture of bail bond except u/s 446(3) Cr.P.C for which reasons must be recorded...........
Succession Act, 1925, Section 263 -- Revocation of probate - Plaintiffs claiming that deceased obtained probate of Will by playing fraud by not disclosing about other legal heirs of deceased, thus Will be declared null and void ab initio and illegal - This power vests not in civil Court but probate Court in terms of S.263 of the Act - Since plaintiffs have applied for..........
Dowry Prohibition Act, 1961, Section 3, 4(2), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Dowry demand - Matter was investigated and charge sheet was filed - Court below took cognizance after applying its legal mind - While taking cognizance of offence, Magistrate or Court concerned is not obliged to give detailed reasons for its satisfaction -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Conviction by Appellate Court - Sufficient opportunities not given to accused to defend the case, especially when he intended to reverse the judgment of acquittal - Even, otherwise, if at all accused has not appeared before Court and argued the matter, Sessions Judge should..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Show cause notice was issued and served and JD even appeared and sought time to make payment and thereafter stopped appearing - Although conditional warrant of arrest has been issued, but it is stated that in case payment is made, then JD is not to be arrested and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Wife was harassed and humiliated by husband and was turned out of matrimonial home - Husband is an able bodied man and has sufficient means to maintain his wife and son - Legal and moral obligation of husband to maintain his wife and child cannot be disputed - Maintenance @ Rs.5000/- p.m rightly..........
