Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount advanced by complainant`s husband to accused was not shown in income tax return - Same itself would not wash off liability of the loanee (accused) to repay the loan amount when there is nothing to doubt the factum of issuance of cheque and the story put forth by complainant regarding loan having..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - S.139 of the Act reveals that there is mandate of presumption of existence of liability and upon proof of issuance of cheque the onus shifts to the accused to rebut the presumption that the cheque was issued not for discharge of any debt or liability in terms of S.138 of the Act - In..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Writing on cheque - There is certainly no evidence to show that body writing on cheque in question is in a different hand or ink and has been made by a person other than the person who had signed on the cheque - Even, if there is any such difference in handwriting, the same would be immaterial once..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Where there is no dispute on facts and it is clearly made out from complaint and the appended documents that dishonored cheque issued by accused is admittedly for a consideration which is not a legally enforceable debt or liability, the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Complaint filed only against corporate entity - None of natural persons who were stated to be in-charge of and responsible for affairs of corporate entity were arrayed as accused - Proceedings initiated against corporate entity quashed...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Process of determination of Age - Presumption regarding juvenility - S.94 of the Act raises a presumption regarding juvenility of the age of the child brought before the JJ board or the Committee - Said presumption has to be drawn on observation of the child - However, said presumption may not be..........
Protection to life and liberty -- Threat to life and liberty of young couple by their family or anti-social elements - Direction issued viz : Director General of Police directed to issue a circular to police force giving strict instructions that in case any complaint is received by any police officer with regard to such threat being given to a young couple or those who..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Territorial jurisdiction - Petitioners contends that whether the respondent maintains an account with the Bank within the territorial jurisdiction of trial Court or not - Respondent submits that he presented the cheque with the Bank where complainant maintains his account - Trial Court directed..........
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 -- Priority in Public Employment - Petitioner is issued with community certificate as `Backward Caste' and his wife is issued with community certificate as `Scheduled Caste' and therefore, petitioner is entitled to get inter-caste marriage certificate for purpose of availing benefits including priority in..........
Constitution of India, 1950, Article 366(24) -- Conversion to another religion - Change of Caste - Expression Scheduled Caste is defined in Art.366(24) of Constitution to mean such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed u/art.341 of Constitution to be Scheduled Castes - That conversion from one religion to another..........
