A liability under Section 138 of the Negotiable Instruments Act, 1881 is fastened on a person who is signatory to the cheque and cheque is drawn by that person on an account maintained by him. And the cheque has been issued for the discharge of liability. The discharge is in whole or in part of…
An amendment has been made in the Companies Act, 2013 and the new Section 232 has been brought in which corresponds to Section 394 of the Companies Act, 1956 and this amendment seeks to bestow powers to Tribunal to order for holding of meetings of the creditors or the members and to make orders on…
Reply: After the decision of Hon’ble Supreme of India in Maharshi Dayanand University Vs Surjeet Kaur (2010)11 SCC 159, it has been held that educational institutions are not a commodity. Educational institutions are not providing any kind of service, therefore, in the matter of admission, fees et cetera, there cannot be a question of deficiency…
Answer: For considering dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship. The wronged party cannot be expected to condone such conduct and continue to live with his/her spouse. The degree…
Answer: The cooling of period mentioned in section 13-B (2) of the Hindu Marriage Act, 1955 is directory and not mandatory, still it can be waived subject to fulfillment of certain conditions as mentioned in the judgement of the Honourable Supreme Court of India in the case, Amardeep Singh Vs Harveen Kaur, 2017 (4) RCR…
Reply: Production of additional documents not filed along with the written statement is against Order 8, Rule 1A(3) CPC which states that a document which is not produced at the time of filing written statement, shall not be received in evidence except with the leave of the court. This leaves can be granted by the…
Reply: The trial court directed both the parties to maintain status quo regarding possession. In these circumstances, in this case you alleged that you have been dispossessed from the premises in question, it would be expected of you to lead cogent and convincing evidence to establish your possession. In case of violation of interim injunction,…
According to the ratio of judgment rendered in Lalita Kumari’s case (supra), the reliability, genuineness and credibility of the information are not conditions precedent for registration of case. The intention of the Legislature is to ensure prompt investigation of a cognizable offence in accordance with law. There is no discretion left with the Police Officer to…
The evidence led by the prosecution to support their case under section 498A of IPC should not be read to hold the same accused guilty under section 306 IPC i.e abetment of suicide. Though, depending on the facts and circumstances of an individual case, subjecting a woman to cruelty may amount to an offence U/S…
Advice: In a recent judgment pronounced by the Honourable High Court of Punjab and Haryana, it has been reiterated that an accused is presumed to be innocent until convicted. Still further the rights of an accused does not automatically get suspended merely because he is being prosecuted in a criminal case. Still further, right to…