Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Neither accused denied his signature in the cheque nor denied receipt of legal notice - Had accused initiated insolvency proceedings or had accused been abducted and cheques forcibly obtained, he would issued a reply notice setting out these facts - Moreover, after perusing original cheque Court does..........
Criminal Procedure Code, 1973, Section 357A, 357 -- Victim compensation scheme - Where compensation awarded u/s 357 Cr.P.C is not adequate, then Court has power to recommend for additional compensation to victim - However, Trial Court/Special Court has to recommend State or District Legal Services Authority to decide and award compensation in accordance with relevant rules..........
Criminal Procedure Code, 1973, Section 357A, 357, Indian Penal Code, 1860, Section 354A -- Additional compensation u/s 357-A Cr.P.C - Offence u/s 354-A IPC - There is no physical injury or bruises on body of victim as per medical record - Charge framed only u/s 354-A IPC - Accused already discharged for offence punishable under POCSO Act - Therefore, question of awarding..........
Rajasthan Rent Control Act, 2003, Section 21 -- Powers of Rent Tribunal - Application of Legal Representatives of original tenant for taking his affidavit on record - Dismissal of - Validity - Original tenant submitted his affidavit in defence - Factum of death of original tenant was also before Appellate Tribunal - In case LRs of tenant was allowed to file the affidavit..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - To do an illegal act or legal act by illegal means is the heart and soul of the offence...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Legal course adopted by wife to protect her rights cannot be considered as inflicting cruelty on husband...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Dismissal of petition - Marriage denied by wife - Husband relied upon photographs and depositions of PWs in order to establish that a valid and legal marriage performed between parties as per Sikh rites and ceremonies - However, Gurudwara not affiliated to shiromani Gurudwara..........
Possession -- Revenue entries - Possession of suit land as Gair Marusi i.e. tenant at will - However, rate of rent and date of inception of tenancy not disclosed - No evidence produced to show of paying any rent - Entry of Gair Marusi in revenue record in favour of father does not in any manner clothes plaintiff with any legal right to be in possession...........
Negotiable Instruments Act, 1881, Section 138, 118(g) -- Dishonour of cheque - Holder of cheque - A holder of a cheque is entitled to the benefit of legal presumption u/s 118(g) of the Act that he came into possession of the instrument in due course unless it is shown to have come to the custody of the possessor by means of an offence, fraud or other unlawful means -..........
Constitution of India, 1950, Article 21, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Entitlement of Legal Services - Rape and Murder - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage..........
