Negotiable Instruments Act, 1881, Section 138 -- L.R's - Proceedings u/s 138 cannot be initiated against legal heirs of the person who issued the cheque...........
Indian Penal Code, 1860, Section 405 -- Criminal breath of trust - Ingredients - (a) a person should have been entrusted with property, or entrusted with dominion over property; (b) that person should dishonestly misappropriate or convert to his own use that property, or dishonestly use or dispose of that property or willfully suffer any other person to do so; (c) that..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Refusal to grant on the ground that wife is highly educated - Maintenance cannot be refused on the ground that wife is highly educated - Wife M.A. LL.B. but not possessing B.Ed. degree - She could not get employment as a teacher - Legal profession is very competitive - Order granting maintenance of Rs.2000/- p.m...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Decree passed without establishing right to sue of the Legal Representatives - Death of plaintiff - Three separate applications for impleading Legal Representatives - Issue framed as to who was the legal representative of deceased plaintiff - Not decided at time of final adjudication - Suit decided without impleading Legal..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Minors - Non compliance of O.32.R.3 CPC - Minors brought on record as legal representatives - L.R. is to contest the case as set up by the deceased - Joint written statement filed by uncle and father of deceased - Suit effectively contested by uncle - Minors on attaining majority did not chose to file an appeal nor choose to..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleading of Legal Representatives - Suit for possession - Defendant alleged to be trespasser, in illegal possession - Plaintiff expired - Application for impleading LRs on the basis of registered will - Defendants also claiming themselves as LRs on the basis of another registered will - Interest of defendant runs counter to..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Inter-se dispute between Legal Representatives - Impleading of LRs in a suit does not decide lis between the legal heirs - To be independently tried and decided in separate proceedings...........
Lok Adalat -- Matrimonial dispute - Permanent Lok Adalat - Divorce by mutual consent - Permanent Lok Adalat has no jurisdiction to pass a decree of divorce by mutual consent as jurisdiction of Permanent Lok Adalat is confined only to public utility service and matrimonial dispute is not a public utility service. (Legal Services Authorities Act, 1987, Section 22B r/w..........
Criminal Procedure Code, 1973, Section 302, Indian Penal Code, 1860, Section 500, 34 -- Complaint u/s 500 read with S.34 IPC - Death of complainant - Legal heirs can seek permission to continue the proceedings...........
Criminal Procedure Code, 1973, Section 256, 320, Indian Penal Code, 1860, Section 500 -- Defamation - Criminal complainant - Death of complainant - Plea of the appellant with reference to Section 256 Cr.P.C. to dismiss the complaint - Legal heirs of the complainant propose to continue the complaint - Held that if permission is sought for by the legal heirs of the deceased..........
