Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against brother of husband - Permission sought by brother of husband to travel back to USA for resuming his job - Brother of husband not living in same premises as his brother/accused - General omnibus allegation against all accused by wife that accused ruined her life by misrepresentation, concealment etc. -..........
Tax -- GST - Evasion of tax - Merely because goods were delivered after expiry of E-way bill due to reasons beyond control like traffic blockage, it cannot be said that there is an intent on part of petitioner to evade tax - High Court rightly set aside levy of tax and penalty imposed on petitioner - However, costs awarded to writ petitioner is enhanced to a further sum..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 305, Protection of Children from Sexual Offences Act, 2012, Section 21, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(vi) -- Suspension of sentence during pendency of appeal against conviction - Offence u/s 305 IPC and S.21 of POCSO Act and S.3(2)(vi) of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Notice - Part payment made by respondent - Amount of cheque is higher than the amount which actually was due to complainant - Trial Court rightly held that part payment made by respondent ought to have been reflected in the notice issued by complainant - Thus, Court has chosen..........
Succession Act, 1925, Section 372 -- Legal heir certificate - Deceased had two wives during his life time - Parties will have to approach Civil Court seeking Legal heir certificate...........
Succession Act, 1925, Section 372 -- Legal heir certificate - When a brother and sister apply for legal heirship certificate of their deceased brother or sister who died without leaving any Class-I heir, then same can be examined by Tahsildar and Legal heirship certificate can be issued if there were no rival claimants - However, if there are rival claimants even among..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, 506 -- Quashing of FIRs - Cheating - Offences in question are made out against accused as per contents of FIRs - Multiple FIRs have been lodged against accused in around four years by different businessmen leveling similar types of allegations - Whether the allegations in FIRs are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque and signatures is admitted by accused - Even, complainant has proved his case to show that accused has committed offence punishable u/s 138 of the Act as accused failed to discharge the loan borrowed by him - Moreover, complainant proved that cheque was issued for legally recoverable..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was incarcerated in jail and could not attend the civil suit proceedings - If it was felt that application for setting aside ex parte decree is filed belatedly, Court could have given an opportunity to defendant to file an application for condonation of delay and costs could have..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - High Court exercising supervisory jurisdiction does not act as a Court of first appeal to re-appreciate, reweigh evidence or facts upon which determination under challenge is based...........
