Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against father-in-law - Specific allegations against father-in-law supported by complainant and his two witnesses in the evidence is on record - At this stage of summoning of accused, Court cannot pronounce as to..........
Civil Procedure Code, 1908, Section 80 -- Notice - Absence to mention provision of law - No requirement to mention provision of law so long ingredients of S.80(3) CPC are met...........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Cause of action sufficiently set out in notice - It was also made clear that though a Writ Appeal at that point of time was going to be filed against the Writ Petition dismissal, yet this would be a notice to take "appropriate legal action" - More than two months elapsed from the date of issuance of notice,..........
Syndicate Bank (Employees') Pension Regulations, 1995 -- Clause.22(2) - Denial of pensionary benefits - Interruption in service - Forfeiture of past service - Appellant initially joined as Law Officer in Bank, and while on deputation appointed as Presiding Officer, DRT - No Objection Certificate was obtained from Bank by appellant - Fact that appellant did not report back..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 25 -- Divorce petition by husband - Permanent alimony - Entitlement - Illicit relationship of wife - It is difficult to accept that father of wife is influenced by his so, i, law and had deposed against his own daughter with regard to relationship of wife with defendant No.2 - Even, eldest daughter of the party had deposed..........
Transfer of Property Act, 1882, Section 123, 3 -- Gift deed - Attestation - Gift deed attested by only one attesting witness - Attesting witness admitted that he did not know donor and further admitted that he was not in a position to state as to whether donor was same person, who had in fact executed gift deed, as he was only asked to sign the document - He thus, put his..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Quoting of wrong provision of law - DHs filed amendment application U.O.6.R.17 CPC instead of O.21.R.17 CPC - If Court has power, only use of wrong nomenclature in petition such power cannot be taken away - Thus, in all intents and purposes,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father-in-law - Eviction of daughter-in-law - Father-in-law inspite of having five rooms in the house is living with his elder daughter-in-law on his own sweet will - Matrimonial dispute between son and daughter-in-law/respondent is pending - No evidence produced by father-in-law..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Served through Advocate - Notice signed by complainant but without signatures of issuing Advocate - There is no requirement of law that notice is to be sent through Advocate - It is the payee or the holder who is to make the demand in writing - Finding that notice is bad in law, set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that loan not advanced through account payee cheque and thus violated the provision of S.269-SS of Income Tax Act - Advancing loan not in consonance with the provision of S.269-SS of Income Tax Act will not make the proceedings u/s 138 of the Act bad in law...........