Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Liability to pay maintenance u/s 125 Cr.P.C is in the nature of continuing liability - Accordingly, in case of a default in complying with an order passed u/s 125(1) for payment of maintenance or for any breach thereof, invocation of exercise of power u/s 125(3) Cr.P.C by Magistrate cannot..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Amount claimed by defendant towards arrears of salary due on account of employment with employer/plaintiff - Cannot be adjusted towards lease rent, as same are independent of liability to pay lease rent - Said claim cannot be mixed or read as counter claim for purposes of O.15.R.5 CPC...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hand loan - Presumption u/s 139 of the Act - Complainant shown his capacity to advance hand loan of Rs.80,000 to accused - Factum of giving loan stands established from complaint and deposition of complainant - Complainant thus, proved beyond reasonable doubt that disputed cheque was issued by..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - From complaint and deposition of complainant factum of giving of loan stands established - Complainant proved beyond reasonable doubt that disputed cheque was issued by accused towards `legally enforceable debt..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is duty of accused before Court by adducing evidence to show that cheque was not supported by consideration and that there was no debt or liability to be discharged as alleged...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unless contrary is proved, it is presumed that holder of a cheque received cheque of nature referred to in S.138 of the Act for discharge in whole or in part of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant stated that accused borrowed money from him and cheques issued for discharge of debt - Oral evidence adduced by DW1 is not sufficient to prove plea of discharge advanced by him - Accused failed to prove in trial by leading cogent evidence that there was no debt or liability - Burden upon..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature on cheque and cheque pertaining to accused account was admitted, then complainant entitled to presumption u/ss 118, 139 of the Act to effect that cheque was issued for discharge of debt or liability...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to aged parents - Liability of son - Petitioners are father and mother of respondent and they are aged 75 and 70 years respectively - Respondent is a driver and he has sufficient means to maintain petitioners - Son is under personal obligation to maintain his aged parents - It is a legal obligation not dependent on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 138 -- Dishonour of cheque - Quashing of summoning order - It is for accused to establish in trial that cheque in question was not given towards discharge of any debt or liability - No illegality in impugned order - Order cannot be quashed...........
