Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Loan amount - Cheque issued for re-payment of loan amount of Rs.30 lakhs - Dishonour of cheque on account of funds insufficient - Statement of bank Account produced to prove the fact of dishonour of cheque - Chief Manager of Bank has also deposed that cheque was dishonoured for..........
Service -- Caste certificate - Validity - Member of scheduled tribe - Getting certificate on the basis of false statements and false affidavits - After 18 years of employment matter referred to Scrutiny Committee for verification - Tribe certificate issued in favour of brother of appellant was invalidated earlier by Committee which attained finality upto Supreme Court -..........
Succession Act, 1925, Section 372 -- Succession certificate - Jurisdiction - Limited jurisdiction of Court is only to decide as the proper person to whom Succession certificate should be granted - Beyond this, there is no jurisdiction to arrive at finding as to entitlement of asset either in favour of person to whom Succession certificate was granted or a claimant who sets..........
Civil Procedure Code, 1908, Order 21, Rule 58 - - Execution - Claim petition - Executing Court cannot entertain claim petition if execution proceedings have culminated in sale of attached property and a sale certificate is issued by executing Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Additional evidence sought in the form of certificate with a further prayer for examining the witnesses of said certificate - Certificate sought to be produced, if established and proved in accordance with law, will change entire..........
Indian Medical Council Act, 1956, Section 10A -- Starting of new medical college - Essentiality certificate and consent of affiliation not submitted before cut-off date - Central Government rejected the application - Rejection of application merely on the ground that said documents were not submitted alongwith application would not be proper since such pedantic approach..........
Indian Penal Code, 1860, Section 468 -- Forgery - Quashing of charge - Prosecution contended that petitioner forged the documents of treatment for the purpose of cheating - Date, time of death of patient, issuance of death certificate with such information or authorization on behalf of petitioner is a matter of evidence and can be decided only upon evidence is adduced by..........
Guardians and Wards Act, 1890, Section 7, 11, 19 -- Guardianship - If a single parent/unwed mother applies for issuance of Birth Certificate for a child born from her womb, Authorities concerned may only require her to furnish an affidavit to this effect and must there upon issue Birth Certificate unless there is a Court direction to contrary...........
Guardians and Wards Act, 1890, Section 7, 11, 19 -- Guardianship - Issuance of Birth Certificate is necessary to an unwed mother succeeding in her guardianship petition - It is no longer necessary to state the name of father in applications seeking admission to children to school as well as for obtaining a passport for a minor child...........
Indian Penal Code, 1860, Section 363, 376, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 49, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Kidnapping and rape - Determination of age of prosecutrix - As per Birth Certificate and Middle School Certificate prosecutrix was below 16 years of age - Ossification test also..........
