Loan -- Loan for purchase of vehicle taken from a private company - Default in repayment - Forcible possession of vehicle - Writ against - Writ cannot be issued against a private body and its agents - Ratio of law that Bank has to resort to the procedure recognized by law to take possession of the vehicle and in case Bank commits any violation or commits an offence, it is..........
Banking service -- Cheque loss - Compensation - In case of loss of Cheque presented with Bank, the person presenting it, unless shown that the amount had been debited to the account of the person who had issued the Cheque, was not entitled to compensation or claim the amount of the loss of Cheque - However, to mitigate the sufferings of the person aggrieved, adequate..........
Banking service -- Cheque loss - Compensation - In case of loss of Cheque presented with Bank, the person presenting it, unless shown that the amount had been debited to the account of the person who had issued the Cheque, was not entitled to compensation or claim the amount of the loss of Cheque - However, to mitigate the sufferings of the person aggrieved, adequate..........
Contempt of Courts Act, 1971, Section 2(c) -- Criminal contempt - Central Administrative Tribunal punishing a person for criminal contempt - Party aggrieved to approach Supreme Court - High Court has no jurisdiction to entertain the matter...........
Indian Penal Code, 1860, Section 211 -- False charge of offence - Petitioner-accused falsely charged complainant advocate of having committed an offence and initiated preceding before Bar Council of India - Alleged false charge must relate to commission of an offence in order to attract S.211 IPC - Neither proceedings before disciplinary Committee of Bar Council of India..........
Prevention of Women from Domestic Violence Act, 2005, Section 12, 2(q), 27, 28 -- Persons having domestic relationship can only be summoned - Application made by wife against husband, father-in-law and brother-in-law - There was no domestic incident report to ascertain as to which of the respondents were in domestic relationship with aggrieved wife - Order of summoning..........
Prevention of Women from Domestic Violence Act, 2005, Section 22 -- Interim order allowing stay/reside in house and awarding maintenance of Rs.10, 000/- per month - Order upheld in appeal but maintenance reduced to Rs.6, 000/- p.m. - Husband expired - Order did not specify as to which of the respondent out of the five would be liable to make the payment and why - Order..........
Criminal Procedure Code, 1973, Section 156(3), 154(3), 200 -- Non-registration of FIR - Remedies available to aggrieved person - Held, if a person has a grievance that police is not registering his FIR u/s 154 Cr.P.C., then he can approach Superintendent of Police u/s 154(3) Cr.P.C. by an application in writing - Even if that does not yield any satisfactory result in sense..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Resort to the Act can be only when there is urgent requirement of wife to be maintained and provided residence when because of domestic violence she had been rendered homeless and she had lost source of maintenance - Domestic Violence Act is not meant to enforce the legal rights of property, neither an..........
Protection of Women from Domestic Violence Act, 2005, Section 12 -- Wife lived with husband in USA for 7-1/2 years - Husband obtained decree of divorce from superior court of New Jersey - Wife filed complaint in the court at Delhi under Domestic Violence Act - Besides husband, father-in-law, mother-in-law and brother-in-law also arrayed as respondents - Both the courts..........
