Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In bank memo reason for dishonour of cheque mentioned `account blocked' - However in notice and complaint reason for dishonour of cheque is mentioned as `Insufficient funds' - There is significant defect in complaint as cause of action of dishonour of cheque is wrongly mentioned - Cause of action shown..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations mentioned in present FIR are same as stated in first FIR which ended in acquittal - Present FIR was lodged after four months of acquittal from first FIR without making out any new case or new cause of action - Such implication by way of..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in FIR - Prosecutrix was dropped of at employer's house on 27.05.2013 and complaint made on 28.05.2013 - Delay in filing FIR cannot be given weightage...........
Consumer Protection Act, 1986, Section 2(1)(b)(iv), Civil Procedure Code, 1908, Order 1, Rule 8 -- Joint complaint - When similarly placed complainants jointly make complaint seeking very same relief, there is no question of O.1.R.8 CPC being complied with as they do not represent others, particularly when there is no larger public interest involved...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented in Bank beyond its validity period of three months - There is no cause of action if cheque presented was not valid - Complaint and all subsequent proceedings quashed...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance petition - Restoration of petition dismissed in default - Petitioner is a senior citizen and unable to attend Court proceedings on each and every stage - She cannot be made to suffer for lapse of her counsel, as she gave a complaint before Concerned Bar council against her counsel - Petition u/s 18 of the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Drawer if pays cheque bounce amount within statutory period or before complaint is filed against him, then this is the end of his legal liability u/s 138 of the Act - For recovery of other sums which is additionally mentioned in the notice, payee should seek his remedy in a civil..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Dispute regarding ownership of land - Delay of 60 years in initiating the dispute which is not explained - Criminal case is lodged only after failure to obtain relief in civil suits coupled with denial of relief in interim therein - Resort to criminal case is only with ulterior motive for oblique reasons and..........
