17 February, 2012

Legal Knowledge::::Time When Dishonour of Cheque is treated as offence


Simple Dishonour of Cheque is not an offence under Section 138 but other formalities of issue of notice of demand and to wait for 15 days of its service is necessary. The payee or the holder induce course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer, of the cheque within thirty days of the receipt of information by him from the bank regarding the return of the cheques as unpaid. Non –Payment of cheque amount within 15 days from the date of receipt of notice of demand is the basis of accrual of cause of action. Drawer in order to avoid his prosecution is bound to pay the  amount of dishonoured cheque within 15 days of receipt of notice from the payee. If he had tendered the entire amount after receipt of notice but within period of 15 days and complain had refused to accept the same, then in those circumstances, drawer cannot be held liable for offence.

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Team Legal Point Foundation
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Legal Point Foundation
Deepak Miglani (President), Dinesh (Treasurer)
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08 February, 2012

Legal Alert::::VOLUNTARY DIVORCE NOT A REASON FOR DISENTITLEMENT OF MAINTENANCE TO MUSLIM WOMEN


Facts of the Case:-
  • The petitioner married to the 1st respondent in 1980.
  •  The matrimony was blessed with four children.
  • The petitioner contracted a second marriage and started to ill-treat the 1st respondent.
  •  The  married was dissolved on 16/03/2004.

Issues:-
  • Whether the 1st respondent is entitled to any maintenance during theIddat period or any reasonable and fair provision under Section 3 of the Muslim Women (Protection of Rights on Divorce)Act,1986?
  • Whether the quantum is exorbitant or beyond the means of the petitioner?
Law:-

Section 3 in the Muslim Women (Protection of Rights on Divorce) Act,1986: Mahr or other properties of Muslim woman to be given to her at the time of divorce.

Decision:-
The court held that the 1st respondent is entitled to realize the amount impugned with  interest at the rate of 9% per anum from 19/7/2007, the date of the order in the Revision Petition.

Rationale:-
Regarding the first issue the court held that the petitioner’s argument regarding the maintenance is contrary to the object of the legislation. The petitioner’s contention was that 1st respondent is not entitled to any maintenance or any reasonable or any reasonable or fair provision. The court held that the benefit that is being obtained by an order under Section 3 of the Act though in lieu of an order under Section 125 of the Code of Criminal Procedure is not intended to maintenance alone, but to meet her reasonable and fair needs in future including maintenance, clothing, health requirements etc. The court further said that there was good reason for the 1st respondent for seeking a decree of dissolution of marriage. She is not at all disentitled to get an order under section 3 of the Act.
Similarly, the court held that the amount awarded for maintenance and reasonable and fair need is not at all exorbitant. Neither is it beyond the means of the petitioner so as to reduce in exercise of the inherent powers of this court under Section 482 of the Code of Criminal Procedure.

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Team Legal Point Foundation
For any Legal query :
legalbuddy@gmail.com
Legal Point Foundation
Deepak Miglani (President), Dinesh (Treasurer)
8059670005,9958086337,9215514435
Legal India –A Group in Face book
Our main aim is to remove legal ignorance from our country because legal ignorance is one of the main hurdle in the path of our development. The Legal Tip/Legal News/Legal Alert are tools to spread legal awareness among literates. Approximately 50,000 peoples are receiving this message. Please forward this message to your friends as a contribution to this holy cause.

03 February, 2012

Legal Knowledge::::Session Court while ordering on application of suspending the sentence can not impose condition that accused should deposit half of Compensation Amount


Facts of the Case:-
The Revision petitioner herein was convicted for an offence under Section 138 of the Negotiable Instruments Act, by the learned Judicial Magistrate No.I, Nagercoil,  and was sentenced to undergo six months simple imprisonment and also was directed to pay a compensation for a sum of Rs.1,50,000/- (cheque amount), within a period of four months from the date of judgment.
Challenging the said conviction and sentence, the revision petitioner preferred an appeal before the learned Sessions Judge and also preferred a Sub Application seeking to suspend the sentence till the disposal of the appeal.  The learned Sessions Judge, while ordering the said application suspending the sentence of imprisonment on the petitioner imposed a condition that the petitioner should deposit half of the compensation amount of     Rs.75,000/- before the trial Court.  Challenging the condition imposed on the petitioner that he should deposit the compensation amount of Rs.75,000/-, the petitioner has preferred this Criminal Revision.
The Hon’ble High Court held that Session Court while ordering application of suspension of  sentence  till disposal of appeal can not impose condition that accused should  deposit half of compensation amount.
If anybody wants to read the judgment, please make a request at legalbuddy@gmail.com

Regards
Team Legal Point Foundation
For any Legal query :
legalbuddy@gmail.com
Legal Point Foundation
Deepak Miglani (President), Dinesh (Treasurer)
8059670005,9958086337,9215514435
Legal India –A Group in Face book
Our main aim is to remove legal ignorance from our country because legal ignorance is one of the main hurdle in the path of our development. The Legal Tip/Legal News/Legal Alert are tools to spread legal awareness among literates. Approximately 50,000 peoples are receiving this message. Please forward this message to your friends as a contribution to this holy cause.