Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - In case of any irregularity or illegality in the format of cheque return memo then it can be addressed during the course of trial...........
Negotiable Instruments Act, 1881, Section 138, 146, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque return memo - Quashing of complaint - Plea that photocopy of cheque return memo filed and original not filed and secondly cheque return memo is without bank seal - Neither S.138 nor S.146 of NI Act prescribes any particular form of cheque return..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Manager of bank - Account statement of accused along with requisite clarification as to return memo is essential for just adjudication of case - No irreparable loss would be suffered by accused if application to summon Manager alongwith relevant..........
Evidence Act, 1872, Section 68, 71 -- Will - Attestation - When both the witnesses turned hostile by denying due attestation, propounder who is bound to prove the Will in accordance with the mandate u/s 68 of the Act, would stand reverted back to the normal rule of proof of a document in contrast with the requirement of S.68 of the Act for which legislature has..........
Evidence Act, 1872, Section 68, 71 -- Will - Proof of - Mere summoning of one of attesting witnesses in proof of testament, who turned hostile to the due execution alone is not sufficient to make the succeeding provision S.71 of the Act operative, for which, propounder has to show that it has become impossible to prove the testament under the special provision S.68 of the..........
Evidence Act, 1872, Section 71 -- Will - Proof of - Mere preponderance of probability regarding the due execution and attestation with all necessary mental element would be sufficient to discharge the initial onus on the propounder when the matter is brought under the purview of S.71 of the Act...........
Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 9, 25 -- Transfer of application u/s 25 of Guardians and Wards Act - Minor son is residing with his mother at Sriganganagar - Application for guardianship of minor shall be made to District Judge having jurisdiction in the place where minor ordinarily resides - Moreover, other proceedings..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction and partition - Suit dismissed by trial Court without recording evidence of plaintiff as well as defendant - Suit is in relation to immovable property and valuable rights of parties are to be decided - One opportunity to lead evidence is thus, required to be granted - Impugned order of dismissal of..........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 5m, 6 -- Rape - Prosecution not produced victim for her complete cross examination - Testimony of PWs and doctor being mere corroborative, would not support prosecution case as star witness i.e. victim was not subjected to cross - Accused in his statement u/s 313 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
