Criminal Procedure Code, 1973, Section 125 -- Maintenance to children - Mere fact that mother is a working lady and she has her own income, that does not absolve father of his legal and moral responsibility to maintain his children - Father rightly directed to pay maintenance to children...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Provision of S.141 of the Act establishes vicarious liability for officers of the company, such as signatories of the cheque, managing directors, or those in charge of its affairs, by legal fiction - Drawer of cheque remains primarily liable - S.141 broadens liability to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If husband is healthy, able bodied and is in a position to support himself, he is under legal obligation to support his wife, as wife's right to receive maintenance u/s 125 Cr.P.C, unless disqualified, is an absolute right...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Partition suit - Property in question is the absolute property of one `G' and she died intestate and thereafter her legal heirs got divided the property - Said property becomes the separate property and during the lifetime of father of plaintiffs, plaintiffs cannot seek relief of..........
Protection of Children from Sexual Offences Act, 2012, Section 24 -- Recording of statement of a child - When a police officer who receives report or information regarding commission of an offence under POCSO Act, he has a legal obligation to record statement and register a crime - However, statement of victim shall be recorded by a woman police officer not below the rank..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant had given different versions regarding consideration and his version regarding issuance of a cheque in discharge of legal liability for a valuable consideration became doubtful - Accused denied his signatures on the cheque - Presumption u/s 139 of the Act will not be attracted - Acquittal..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant No.1 had issued legal notice requesting for payment of balance sale consideration but plaintiff kept silent - There is not even a notice by plaintiffs before filing suit of showing their readiness and willingness by tendering the amount of balance sale consideration and sending a draft sale..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18B, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Contraband - Recovery of 4.400 Kgs. of contraband opium - Contraband remained in the custody of preventive squad for about 24 hours without any legal action and during this period a long distance from one State to another was covered..........
Specific Relief Act, 1963, Section 34 -- Suit for mere declaration - Mere fact that no relief other than declaration is claimed cannot be the reason to decline decree of declaration - Declaration decree does not confer any new right but only clears the mist, which might have gathered around the title to property or the status/legal character of plaintiffs regarding..........
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and sexual assault - Compromise - Victim solemnized marriage with accused - Though marriage between parties do not satisfy the age criterion as laid down u/s 5 of Hindu Marriage Act, but such a marriage would..........
