Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by Company - Plea of being nominee Directors and non executive Directors of Company - Petitioners whether incharge of the conduct of business or involved in the day to day affairs of the company is a matter of trial - No ground to quash proceedings...........
Civil Procedure Code, 1908, Section 151 -- Police protection - Decree of permanent injunction - Violation - Plea by J.D. that some steps have been taken to record himself as a cultivating tenant - However, so far no order has been passed by revenue authorities - No ground to interfere with the order of Executing Court in directing police protection...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Petitioner son contended that suit property is ancestral property - However, no document or material on record to show that property is ancestral in nature in which petitioner had any right - More so, petitioner himself raised the plea in written..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to correct the North and South boundary of suit property - Defendant himself stated in counter raised to the application that description of suit property was incorrectly given by plaintiff - No plea of malafide was taken by defendant before trial Court - Defence taken..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape of 3-1/2 years old girl by her own father - Plea of false allegation - Reluctance on the part of mother of child to produce child before clinical..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted at the stage when accused answered the summons and not after plea of accused was entered - Interim compensation can be granted only where accused "pleads not guilty" - Impugned order set aside - It is open to accused to seek appropriate relief, including u/s 143-A of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of claimant - Claimant was working as Marketing Executive and earning salary of Rs.8000/- p.m - Though claimant did not examine his employer, but on this ground it cannot be said that claimant was unable to earn or was not earning Rs.8000/- p.m - Claimant being graduate and working as Marketing..........
Specific Relief Act, 1963, Section 34, 38, Power of Attorney Act, 1882, Section 2, Indian Contract Act, 1872, Section 208 -- Execution of sale deed by power of attorney holder - Plea that power of attorney was cancelled - It is to be proved not only that power of attorney was cancelled but it was also intimated - It is not proved that cancellation of power of attorney was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that appropriate prayer not made - This is a matter ultimately to be decided in the suit and not an issue to be considered while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Dispute regarding signatures has to be determined in the suit and not in execution proceedings - A plea not raised in the suit cannot be permitted to be raised in the execution proceedings...........
