NI Act S.138 – Omission in the notice to mention about nature of debt or liability, does not render it invalid

*LATEST  JUDGEMENTS*

*NI Act S.138 – Omission in the notice to mention about nature of debt or liability, does not render it invalid -- 2019 (3) KHC 105*

*No notice/summons shall be sent directly to person residing in a foreign country -- 2019 (3) KHC 118 (DB)*

*High Court quashing proceedings, between husband and wife, in terms of settlement – Such an order can be recalled when there is breach of settlement -- 2019 (3) KHC 114*

*Insufficiently stamped instrument – Penalty can be imposed only if instrument is sought to be admitted in evidence -- 2019 (3) KHC 136 (DB)*

*Art.226 – In child custody matters, writ of habeas corpus is maintainable -- 2019 (3) KHC 167 (SC)*

*LPG – Renewal of licence – Dealer need not secure a fresh lease deed from landlord -- 2019 (3) KHC 110*

*DV Act — Brother of the deceased husband can be ordered to pay interim maintenance -- 2019 (3) KHC 164 (SC)*

*BRC Act — Pendency of a Civil Suit, seeking a decree for realisation of arrears of rent or existence of a decree for the same, does not preclude Landlord from instituting a RCP, seeking an order of eviction under S.11(2)(b), on the ground of arrears of rent, of the same period -- 2019 (3) KHC 206 (DB)*

*Victim giving consent for sexual intercourse on the promise made by accused that he would marry her – When accused has married victim within a short period, it cannot be said that accused commented rape on the victim -- 2019 (3) KHC 199*

*Selection process – When a genuine doubt arises as regards correctness of answer key, Court in that event should give benefit of doubt to examination authority, PSC -- 2019 (3) KHC 193 (DB)*

*PIL in respect of alleged wrongful sale of property of religious bodies – Not maintainable -- 2019 KHC 6519 -- 2019 (3) KHC SN 5 (SC)*

*Manager of Nationalised Bank cannot claim benefit of S.197 CrPC -- 2019 KHC 6512 -- 2019 (3) KHC SN 6 (SC)*

*Non-applicability of S.149 is no bar in convicting accused persons under S.302, provided there is evidence which discloses commission of offence in furtherance of common intention -- 2019 KHC 6420 -- 2019 (3) KHC SN 7 (SC)*

*NI Act S.138 — There is no requirement that the complainant must specifically allege in the complaint that there was a subsisting liability -- 2019 (3) KHC 105*

*Defendant residing in USA – In such cases, summons/notice, for service in USA are to be sent directly by the Courts to the Process Forwarding International, 633 Yesler way, Seattle, WA 98104, USA along with required fee -- 2019 (3) KHC 118 (DB)*

*Police Act S.119(1)(a) – In the absence of recital, in the complaint or the first information report, as to the specific gesture or act performed by accused, which according to the prosecution, was degrading to the dignity of women; offence under Section 119(1)(a) would not be attracted -- 2019 (3) KHC 132*

*Stamp Act S.33 – Court has power to impound an insufficiently stamped instrument, when the said instrument is produced before it -- 2019 (3) KHC 136 (DB)*

*Production of insufficiently stamped instrument, but not sought to be admitted in evidence – A person who failed to meet expenses for providing proper stamp under Section 30 alone can be made liable to pay penalty -- 2019 (3) KHC 136 (DB)*

*IPC S.376 — Where accused has married de facto complainant and they have decided to settle all the disputes, High Court can quash proceedings -- 2019 (3) KHC 146*

*IPC S.97 — A mere reasonable apprehension is enough for accused to exercise his right of private defence – Accused need not even plead self-defence -- 2019 (3) KHC 148 (DB)*

*Immoral Traffic Act — When there is no allegation that accused had kept or managed a brothel or acted or assisted in the keeping or management of a brothel, no offence is attracted -- 2019 (3) KHC 183*

*CrPC S.258 — Magistrate discharging accused owing to failure of prosecution to procure presence of accused before Court – Not proper -- 2019 (3) KHC 188*

*Very cogent and overwhelming circumstances are necessary for an order directing cancellation of bail, already granted -- 2019 (3) KHC 196*

*Arbitration – It is open to the parties to agree that no interest will be payable on amounts due to a contracting party for the period between date on which the cause of action arose and date of award -- 2019 (3) KHC 211 (DB)*