Sneha A Bhandari - Adv Bhandari

02/06/2022

30/05/2018

Whether court should impose condition of deposit of part of money while suspending sentence in cheque dishonour case?

Whereas so far as releasing the accused on bail is concerned, now accused – petitioner has to apply for bail as per the provisions of se...

29/05/2018

DAILY LEGAL UPDATES -
(29.05.2018)

*Abetment of su***de - Comments/taunting that deceased had no knowledge of doing household chores including agricultural work - Not of such a nature to have derived the deceased to commit su***de. (2017(3) Criminal Court Cases 524 (H.P.)*

*Additional evidence at appellate stage - Sale deed - Ex*****on of sale deed not denied - Court cannot straightaway proceed to hear appeal, after admitting additional evidence, without affording opportunity to lead evidence in rebuttal or to explain the alleged admission. (2018(2) Apex Court Judgments 003 (S.C.)*

*Application for leave to file suit u/s 92 of the Code - has to be annexed with the plaint as maintainability of application can be decided on the basis of averments in the plaint. (2017(1) Apex Court Judgments 666 (S.C.)*

*Contraband - Release of vehicle from interim custody - There is no provision under NDPS Act debarring release of vehicle for interim custody - Vehicle ordered to be released on superdari. (2017(4) Criminal Court Cases 247 (P&H)*

*Default bail - Application for extension of time to file charge sheet filed before expiry of statutory period - Grant of default bail during pendency of consideration of application for extension of time is impermissible. (2018(2) Apex Court Judgments 115 (S.C.)*

*Dishonour of cheque - Compensation - Not paid - Default sentence undergone - Still compensation is recoverable. (2017(3) Civil Court Cases 195 (S.C.)*

*Dishonour of cheque - Failure to prove financial capacity to advance loan - Accused acquitted. (2015(1) Civil Court Cases 001 (S.C.)*

*Enlargement of time - When any period or time is granted by Court then Court can enlarge such period even if time originally fixed or granted by Court has expired. (2016(2) Civil Court Cases 521 (S.C.)*

*Further investigation - After taking cognizance - Can only be on the request of I.O. - Magistrate can neither suo motu nor on application filed by complainant/informant direct further investigation. (2017(1) Apex Court Judgments 581 (S.C.)*

*Rejection of plaint - Plaint if contrary to provisions of statutory law or the judgments holding the field, it requires to be rejected as no valid cause of action arises for the adjudication. (2018(2) Civil Court Cases 411 (Karnataka)*

20/02/2018

Leading Judgment on cross examination of witness as to his character

What types of questions can be asked to witness in cross examination for examining his character? Section 146 of the Indian Evidenc...

04/02/2018

When husband can file a divorce case on the basis of cruelty:

1- Wife filling false complaints and making wrong allegations on the husband and his family members.

2- Demanding separate home and demanding the husband to live away from his parents.

3- Making false allegations of adultery.

4- Wife denying love and care, acting like deadwood, NON participation @ rituals, deserting husband are all cruelty.

5-Wild, reckless baseless allegations of impotency.

6- Falsely alleging that she was forced to sleep with father in law , writing to employer to get husband dismissed etc are cruelty.

"Naveen Kohli Vs Neelu Kohli – Cruelty defined, SCC of India"

03/01/2018

Bill for quick prosecution of cheque bounce cases tabled in Lok Sabha http://indianexpress.com/article/india/bill-for-quick-prosecution-of-cheque-bounce-cases-tabled-in-lok-sabha/ucweb/?uc_news_item_id=3064663637643639&uc_news_app=browser_iflow&comment_stat=1&comment_type=0 http://indianexpress.com/article/india/bill-for-quick-prosecution-of-cheque-bounce-cases-tabled-in-lok-sabha/ucweb/?uc_news_item_id=3064663637643639&uc_news_app=browser_iflow&comment_stat=1&comment_type=0

If the drawer is acquitted, the court may direct the payee to repay the amount paid as interim compensation with interest, the bill says.

16/12/2017

https://www.facebook.com/LawWeb/posts/1459915290791986

The news-item, Ex. P-1, contains an impressive heading which is bound to attract the attention of the ordinary person. The heading "Brib...

14/12/2017

http://www.hindustantimes.com/analysis/frdi-bill-your-deposits-are-safe-and-banks-cannot-use-them-without-your-consent/story-TBf5QuI4eczXx8E2EhwhKN.html

Your deposits will be insured, just as they are today and there is an additional protection for depositors because the bail-in can be invoked, and your deposits be lost, only if you have given your consent to the bank when you signed the deposit forms.

12/12/2017

Whether Husband can seek divorce against wife if wife had filed false case against husband and his family members? https://buff.ly/2AHXetI?

In my view, the order passed by the lower appellate Court is totally erroneous and contrary to law laid down by the Supreme Court and t...

11/12/2017

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