Limitation Act, 1963, Section 18 -- Acknowledgement of debt and liability - Payment made by defendant through cheques which got dishonoured, would tantamount to acknowledgement of debt and liability and period of limitation would stand extended by virtue of S.18 of Limitation Act - Plea that such cheque was misused, does not cut much ice...........
Limitation Act, 1963, Section 3 -- Limitation - Even if plea of limitation is not set up as a defence, Court has to dismiss the suit if it is barred by limitation...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea of divorce by mutual consent - Husband pleaded that trial Court while granting interim maintenance has not specifically dealt with plea taken by him regarding divorce by mutual consent - Though, wife disputed alleged divorce being voluntarily one - However, even if divorce has taken place between..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simpliciter withdrawal of suit without liberty to file a fresh suit - There was no reason for Court to deny withdrawal - Plea that suit should not have been allowed to be withdrawn without notice to them deserves to be rejected...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Comparison of writing on body of cheque - Once defence has been set up by accused that cheque was misused at the instance of complainant, same having been filled up with different hand, it was essential to get the same compared with signature of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Plea of juvenility - S.9(2) Proviso of the Act enumerates that plea of juvenility may be raised before any Court and it shall be recognized at any stage, even after final disposal of the case...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Plea of juvenility - Proper inquiry in accordance with the provisions of the Act was not carried out so as to consider the prayer made by accused to be treated as juvenile on the date of incident even though the plea was raised at the earliest opportunity - Plea of juvenility raised by accused..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plaint cannot be rejected on a plea of res judicata raised by defendants because adjudication of plea of res judicata requires consideration of pleadings, issues and the decision in the previous suit, which cannot be done in an application U.O.7.R.11 CPC...........
