Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Reduction of - Husband solemnized second marriage and has a child from second marriage - He thus, has equal responsibility towards child from second marriage - Reduction of amount of maintenance after birth of child from second marriage cannot be found fault with...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Compromise arrived at between parties and accordingly compromise decree was passed in 2009 - Plaintiffs are still fighting for execution of same - Original plaintiff and defendant already expired and their LRs are fighting for execution of decree - Plaintiffs have not agreed for giving any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - Complainant admitted that he had received amount from accused being cheque amount and he has given quietus to dispute and he has no objection with regard to setting aside conviction and sentence passed against accused - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant has accepted the sum towards full and final settlement of dispute - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal preferred by accused, accused directed to deposit cost of 15% of cheque amount...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Marriage between parties has irretrievably broken - They have decided to part their ways amicably - Wife received entire settlement amount and is happy with settlement - Opportunity to live their lives in the manner they like including remarriage, cannot be denied -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute by entering into compromise - Complainant has accepted the sum towards full and final settlement of cheque - He is not inclined to proceed further in the matter - Conviction and sentence set aside - However, as compromise has been arrived at after..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheques issued towards payment of amount due under chit transactions - No dispute regarding dates of presentation of cheques, their dishonour, issuance of statutory notice and compliance of provisions of Act with regard to limitation..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Accused not denied that he borrowed money from complainant and that he also given a cheque to complainant - Dishonour of cheque, issuance of cheque, receipt of notice and non-payment of cheque amount are also not disputed by accused - Evidence that has been brought..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Condonation of acts of cruelty - Mere filing of compromise petition does not amount to condonation of cruelty unless and until matrimonial life is restored...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Physical violence not absolutely essential to constitute cruelty - Mere bickering, coldness, austerity of temper, petulance of manners, rudeness of language, lack of affection, trivial irritations, quarrels, or normal wear and tear of the married life which happens in day to day life cannot amount to..........
