LawforAll

advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws. This blog is only for information but not for legal opinions

Just for legal information but not form as legal opinion

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Saturday, October 23, 2010

DIVORCE ON CUSTOMARY DIVORCE

AS PER SEC.13 HINDU MARRIAGE ACT, NO DIVORCE CAN BE GRANTED BASING ON THE DOCUMENT PREPARED AT A PANCHAYAT OUT SIDE COURT GRANTING CUSTOMARY DIVORCE, AS THERE IS NO ANY SUCH GROUND IN THAT SECTION. -2010 S.A.R. CIVIL 814

NO FAULT COMPENSATION

AS PER SEC. 140 TO 144 OF MOTOR VEHICLE ACT. EVEN THE ACCIDENT OCCURRED DUE TO NEGLIGENCE OF DECEASED., STILL THE DEPENDANTS ARE ENTITLED FOR COMPENSATION . 2010 S.A.R. CIVIL 812.

Wednesday, October 20, 2010

ISSUE OF CHEQUE ON DEFUNCT BANK ?

THE BANK WAS CLOSED ABOUT 5 YEAR AGO. THE ACCOUNT WAS CLOSED. BUT THE ACCUSED ISSUED A CHEQUE TO THE COMPLAINANT. IN ONE CASE THEIR LORDSHIP OF APEX COURT HELD THAT THOUGH THE CHEQUE IS NOT RETURNED FOR WANT OF FUNDS AND THOUGH THE QUESTION ACCOUNT CLOSED IS NOT COVERED UNDER ANY PROVISION OF THE ACT,THE APEX COURT GAVE A WIDE MEANING FOR THE WORDS " RETURNED FOR INSUFFICIENT FUNDS " REPORTED IN AIR 1999 SC 1952. APPLYING THE SAME PRINCIPLE , ISSUE OF CHEQUE ON DEFUNCT BANK WAS ALSO COVERS THE SEC.138 OF N.I. ACT. AND AS SUCH ACCUSED IS LIABLE FOR PROSECUTION-2009 [1] A.L.D Cri.AP 1

RETURN OF GOLD AND OTHER COMPENSATION

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 - SEC. 12 THE COMPLAINANT FILED PRIVATE COMPLAINT AGAINST THE ACCUSED FOR RETURN OF HER GOLD JEWELERY AND OTHER COMPENSATION EXPENSES ETC., THEY ARE SQUARELY COVERED UNDER VARIOUS PROVISIONS OF LAW SINCE THERE IS PRIMA FAICE CASE, IT IS MAINTAINABLE FINALLY THE MAGISTRATE CAN DECIDED WHETHER THE RELIEF CAN BE GRANTED OR NOT=2009[1] A.L.D.Cri.AP 817.

Monday, October 18, 2010

FILLING BALNK CHEQUE -NOT MATERIAL ALTERATION

FILLING UP BLANK CHEQUE ISSUED BY ACCUSED, IS NOT MATERIAL ALTERATION UNDER 20,49,86,87,118,125 OF NEGOTIABLE INSTRUMENTS ACT


2009 A.L.D [1] CRIMINAL [DEL. N.O.C.13] 13 :-