Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan of Rs.3,60,000/- without interest - Loan given in May, 2016 - Cheque of Rs.1,80,000/- towards part payment issued in July, 2019 - Presumption - Not rebutted - Merely because complainant is unable to produce documents to support existence of debt (usually in the form of a friendly loan..........
Expeditious disposal of case -- Suit not decided within ten months inspite of direction by Appellate Court - Direction issued to trial Court to decide the suit finally within a period of one year from the date of receipt of certified copy of order of High Court...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable not mentioned - On an application filed by wife, it was ordered that interim maintenance is payable from the date of application - Magistrate has powers to take supplementary measures and pass the impugned order and it does not amount to review of order...........
National Green Tribunal Act, 2010, Section 26 -- Offence u/s 26 of the Act - Non-compliance of order of NGT - NGT directed Chhattisgarh Environment Conservation Board (CECB) in making its website more user friendly and in providing necessary data to all concerned - However, delay on the part of CECB does not amount to wilful negligence or an abject dereliction of duty on..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Proclamation was issued by Court on 10.9.2019 and case was adjourned to 26.6.2019 - As 30 days had not elapsed from the date of proclamation, case was adjourned to 30.10.2019 on which order of proclamation was passed - Order declaring proclamation cannot be quashed...........
Special Leave petition -- Civil and criminal proceedings - Exemption from filing certified copy of judgment/order under challenge - Direction issued viz: (i) If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge,..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order u/s 29 of PWDV Act - Revision - Maintainability - Person aggrieved by an order of Sessions Court u/s 29 of PWDV Act can prefer a criminal revision petition, as procedure prescribed for an application u/s 12 of PWDV Act is as per Cr.P.C and appeal..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Constitution of India, 1950, Article 227 -- Order u/s 29 of PWDV Act - Writ petition - Maintainability - Writ petition u/art 227 of Constitution cannot be preferred against a final order or judgment passed by Sessions Court in an appeal u/s 29 of PWDV Act...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - If any sale deed has been executed during pendency of suit and even if there was no temporary injunction order, still the said sale deeds would be subject to provisions of S.52 of the Act...........
Service -- Termination of service of an employee appointed on compassionate appointment - Respondent employees had secured appointments on the basis of forged and fabricated documents - They at every stage actively participated in the adjudication process of their alleged improper and illegal appointments but had not submitted any document to establish their claim and..........