Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Husbands failed to produce any evidence that wives had an adequate source of income to maintain themselves - Liability of husband to maintain his wife would not be absolved that he had no sufficient means of income - Family Court rightly awarded maintenance to wives - No interference warranted in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Complainant failed to disclose date, month and year of advancement of loan and remained silent - Even, one FIR got registered against son of complainant on basis of statement made by son of accused and one cheque was also issued in favour of complainant but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Appeal against acquittal - Complainant miserably failed to prove if cheque issued against discharge of any enforceable debt or liability - Preponderance of probabilities lies completely in favour of accused - Further, case of complainant is required to rest on his own leg and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Independent and a no, executive Director of a company - In absence of any specific role attributed against him for his active participation in day to day affairs of company and of taking all decisions of company, particularly when he is not signatory to..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition u/s 163-A of the Act is based on principle of no fault liability...........
Protection of Women From Domestic Violence Act, 2005, Section 20, 21, 22, 23 -- Divorced wife - If an act of domestic violence is committed by husband, subsequent decree of divorce will not absolve liability of husband from offence committed or to deny benefit to which aggrieved person is entitled under the Act including monetary relief u/s 20 of the Act, child custody u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Complainant miserably failed to prove if cheque issued against discharge of any enforceable debt or liability - Moreover, preponderance of probabilities lies completely in favour of accused - Further, the case of complainant is required to rest on..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - No documentary evidence to show that complainant had given the amount as loan to accused - Complainant says that she has receipt of loan amount paid in instalments but no such receipt produced - Probable defence was taken by accused - Complainant failed to prove that there was legally..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objection - Dismissal of objections - Arbitrator awarded interest on amount payable on account of delayed payment of final bill Clause in arbitration agreement reflect that arbitrator shall not award interest to parties on any of items of contract agreement executed in between parties, if arbitrator..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Trailer/trolley attached with a tractor is part of tractor and tractor is duly insured with Insurance company then it cannot escape liability to pay compensation by taking a plea that trailer was not separately insured...........
