Ans: Delhi District Court on Smt. Krishna Dhawan vs State ( Govt. Of Nct Of Delhi) on 22 November, 2010 - In the present case, the applicant has failed to prove on record any justifiable ground for leaving the company of her husband respondent except that she stated that she has been ill illtreated for the last 20 to 23 years but in her cross examination she herself has admitted that there was no demand of dowry by the respondent at the time of marriage or after the marriage. Thus so far as the allegations of dowry demand are concerned, applicant has failed to prove the same. She has also failed to prove any other justifiable ground on record for her living separately from the respondent. In such circumstances, Ld. MM has rightly held that applicant is not entitled for any maintenance. Ld. MM has rightly held that applicant is unable to maintain herself and there is no document filed on record by the respondent also to show that applicant is working or is able to maintain hers...
Ans: In a decision of Andhra High Court in a case S. Rehana Sulthana @ Rehana Begum V/s B Mohammad Ghouse & Anr. on 28 March 2016, it was held that no maintenance relief to wife who left home without justifiable reasons. The High court found that in the cross examination the wife stated that she executed an agreement in the presence of witnesses with an undertaking that she will not compel the respondent for setting up separate family. If really the wife did not compel the husband persistently to set up separate family, what made her to do her signature on the agreement? The Courts cannot ignore the human conduct while appreciating the rival submissions of the couple to the proproceedings, more particularly in family matters, wherein the possibility of presenting distorted facts by the couple to the proceedings so that they can gain sympathy of the court .If really the wife had suffered in the hands of the husband and his family members, certainly the wife might have avai...
Ans: Section 139 of the Negotiable Instruments Act The Section 139 states that it will be presumed unless the contrary is proved, that the payee received the cheque of the nature referred in Section 138 for the discharge, in wholly or partly, of any debt or any liability. This presumption is no doubt rebuttable by the accused, by ‘preponderance of probabilities’. So, if the accused can establish a probable defence, that creates a reasonable doubt about the existence of a legally enforceable debt or liability, then the prosecution would fail and the accused can do so by only using the materials or evidence presented by the prosecution and in many cases an accused did not need to present another or own evidence. Virender Kumar vs Sumit on 25 April, 2018 IN THE COURT OF SHRI PUNEET NAGPAL, MM (NI ACT)-01, SOUTH-WEST DISTRICT: NEW DELHI. The Section 139 states that it will be presumed unless the contrary is proved for drawer under negotiable instrument act. Section 140 of the Negotiab...
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