Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - It is for wife to establish that husband was earning some amount from business of his father and that even after death of husband's father, business was continued by family members - In absence of same, fixing of salary of husband at Rs.30,000 pm by Family Court and awarding Rs.12,500 for wife and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused is a woman and a senior citizen - She has already deposited fine amount of Rs.9 lakh - Considering age of accused and fact that fine amount has already been deposited by her in full, sentence of accused modify to fine of Rs.9 lakhs...........
Indian Penal Code, 1860, Section 344, 366 -- Offence u/ss 344, 366 IPC - Reduction of sentence - Main accusation was against co-accused - Co-accused was in love with victim - Alleged incident is of year 2014 - Accused have already served sentence of about three months and paid fine amount - They specifically pleaded that there is no one to take care of their minor son and..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter voluntarily settled between parties - Entire amount as per settlement has been received by complainant - Offence u/s 138 of the Act being one which is compoundable in any case in terms of S.147 of the Act, even though accused has been convicted - Offence compounded -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Bail during pendency of appeal - Condition to deposit 1/4th of compensation amount as awarded by trial Court, as a condition precedent for being released on bail pending disposal of appeal - Appellate Court u/s 148 of N.I. Act cannot pass an order directing..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - No particular form has been prescribed under the Act with respect to a notice u/s 138(b) of the Act except payee or holder in due course should make a demand for payment of amount of money within 30 days from receipt of intimation from bank regarding return of cheque...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioners sought their impleadment in suit as plaintiffs at the fag end of trial - They may have an independent right of being occupants or tenants but they have to plead and lead cogent evidence to prove the same - Petitioners cannot derive any..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Legal Representation - Permission to file affidavit of LR as plaintiff - Once plaintiff had filed affidavit and he was even partly cross-examined and thereafter he closed his evidence, LR who stepped into shoes of plaintiff after his death cannot file another..........
Insolvency and Bankruptcy Code, 2016, Section 60(5)(c) -- Corporate Insolvency Resolution process (CIRP) - Payment of professional charges to Registered valuer - Appellant appointed as registered valuer by Resolution professional in pursuance of initiation of CIRP - He claims to have conducted valuation work of over 84 sites and to have visited 40 sites - NCLT as an..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5, Order 43, Rule 1(c) -- Composite application U.O.9.R.9 & S.151 CPC and S.5 Limitation Act - Rejection of said application - Appellate Court held that order passed amount to an order passed U.O.43.R.1(c) CPC and appeal thereagainst is maintainable - There is no order on merits of the..........
