Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Change in year of cheque - Alteration without consent of party to the negotiable instrument makes instrument void against anyone who is party to such a negotiable instrument at the time of making such alteration - However, where alterations are made in the cheque and drawer signs over it, that would..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has not levelled any frivolous allegation against wife - He was making efforts to save his marriage for future of minor daughter - Even, baseless allegations were made by wife against husband that he was having an extra marital affair and he was a drug addict - Behaviour of..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband and wife are living separately for nearly 15 years - Even, parties are still living separately inspite of order passed by Family Court allowing petition for restitution of conjugal rights - Wife stated that there is no scope of reunion - Marital tie is only on paper - If marriage is..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Apprehension of not getting a fair and impartial justice is required to be reasonable based on strong material and not hypothetical - Merely making vague allegation that there is an apprehension in the mind of applicant that justice will not be done alone would not be sufficient - Application dismissed...........
Criminal Procedure Code, 1973, Section 82(1) -- Proclamation u/s 82(1) Cr.P.C - Direction issued i.e : (i) Courts of Judicial Magistrates are required to take provisions of S.82 Cr.P.C. in its true letter and spirit; (ii) It is advised that whenever a proclamation is issued, then two dates be given in the order i.e. first date should be within 15-20 days giving the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability of 70% - Total compensation - Appellant comes from an economically weaker section of society - Taking into account the age of appellant and various heads under which he is entitled to compensation, just compensation of Rs.38,70,120/- along with 9% interest p.a from the date of making application is..........
Criminal Procedure Code, 1973, Section 110 -- Notice u/s 110 Cr.P.C - Mandate of S.110 Cr.P.C is not complied by issuing a show cause notice prior to issuance of notice u/s 110 Cr.P.C - Magistrate without making an enquiry on report and objection of petitioners, had directed petitioner to give security - Petitioners were not given an opportunity to defend themselves with..........
Criminal Procedure Code, 1973, Section 340 -- All omissions or false statements given by a witness shall not be construed as substantive to attract offence of perjury - However, gravity of false statement, circumstances under which such statement is made, intend behind making such statement and its ramification in final decision of case may be decisive while proceeding u/s..........
Explosive Substances Act, 1908, Section 5 -- Offence u/s 5 of the Act - In order to bring home the offence u/s 5 of the Act, prosecution has to prove that substance in question is an explosive substance; that accused person has made or knowingly has in his possession or under his control any explosive substance; that he does so under such circumstances as to give rise to a..........
Employees State Insurance Act, 1948, Section 39(5)(a) -- Interest - Delay in making payment of ESI contribution - Liability to pay interest is from the date on which contribution has became due and till date of its actual payment - ESI Court was thus, not justified at all in reducing period of interest to two years only...........
