Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Income tax returns - Photocopies - Showing advancement of loan and name of accused mentioned therein - Accused cross examined complainant with regard to income tax returns - Income tax return put to accused in his statement u/s 313 Cr.P.C. and he simply stated that these are fake documents -..........
Special Marriage Act, 1954, Section 38 -- Interim Maintenance to daughter - Assessment of income - Husband produced income tax returns of the last 3 years showing his income to be around Rs.1,80,000/- p.a. - Held, income tax return do not reflect true income of parties and Court has to assess income on basis of documentary evidence - Profile of husband filed on Jeevan..........
Partnership firm -- Death of one of partner - Calculation of dues - Share of legal heirs of deceased partner - Clause 14 of partnership deed provides for determination of purchase price of share of deceased partner on basis of last annual general account with interest @ 10% p.a upto date of purchase - Admittedly, no final accounts till date of death of deceased has been..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Assessment of income - Income tax returns - Cannot be treated to be the basis for coming to conclude that husband is not earning enough to pay the maintenance...........
Constitution of India, 1950, Article 226, Maintainability of Public Interest Litigation Rules, 2010, Rule 2, 7 -- Public interest litigation - Maintainability - Affidavit on record is completely silent as to what public interest is espousing and work done by him in this behalf - Even, it is unclear what is his monthly or yearly income - Moreover, no income tax returns has..........
Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 74 -- Income tax returns - Income tax returns are public documents within the meaning of S.74 of Evidence Act - There is no embargo for the Court to summon the Income Tax returns of a person...........
Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 73, 74 -- Comparison of disputed with admitted signatures - Summoning of Income Tax Returns - Plea that disputed document does not contain the date, month and year of execution - Income Tax Returns sought to be summoned pertains to the period 2000-2001 - Disputed document also executed on or after..........
Evidence Act, 1872, Section 138, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross examination - Deferred - Defence of repayment of loan - Complainant directed to produce Income Tax Returns - Further cross examination has to be based on its relevancy part only - Accused does not have liberty to further cross examine complainant to frustrate the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 467, 471, 120B -- Bail - Offence u/ss 409, 420, 467, 471, 120-B IPC - Multi-victim scam - Nature and gravity of offences - 870 complaints in three FIRs filed and a total of around 400 crores involved in scam - More than 1500 investors duped by accused by painting a rosy picture of..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Non-disclosure of true income by husband - Keeping in view income tax returns, machinery deployed and number of workmen engaged by husband, inference can be drawn that income tax returns do not truthfully reveal his income - Monthly income generated by husband under no circumstances can be less than..........
