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  • Allahabad High Court

    Hon'ble Judge(s) Hon'ble Judge(s): Manju Rani Chauhan

    Ashok Ram Dular Vishwakarma alias Ashok Kumar Vishwakarma v. State of Uttar Pradesh

    D.O.D : 21/01/2021

    Petition Dismissed

    Criminal P.C. (2 of 1974) , S.482— Negotiable Instruments Act (26 of 1881) , S.138— Quashing of proceedings - Cheque dishonour - Cheque issued by accused to complainant for discharging his legal liability dishonoured and returned from her bank with remark "FUNDS INSUFFICIENT" - On receiving intimation about dishonour of cheques, complainant sent legal notice to accused within fifteen days from date of receiving of intimation from bank about dishonour of cheques - Ingredients provided under provision of the Act, fully satisfied in filing of the complaint - Prima facie case for offence under S. 138 of the Act made out against accused - Sufficient ground for proceeding against accused - No justification to quash summoning order and entire proceedings as case does not fall in any of categories recognized by Apex Court - Proceedings not quashed.

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  • Allahabad High Court

    Hon'ble Judge(s) Hon'ble Judge(s): Kaushal Jayendra Thaker, Gautam Chowdhary

    Sheoraj Singh v. State of Uttar Pradesh

    D.O.D : 21/01/2021

    Petition Dismissed

    Criminal P.C. (2 of 1974) , S.482— Quashing of criminal proceedings - Offences punishable under Ss. 304B, 498A and Ss.3,4 of Dowry Prohibition Act - According to FIR version, accused husband and in-laws harassed deceased for demand of dowry and committed her murder - Further stating that deceased died during delivery of child as conspiracy was made to kill her - Facts disclosing that in -laws threatened daughter of first informant that if she will give birth to another girl child then they will get her kill during delivery of child - Prima facie case made out - Nothing on record to show that proceeding were manifestly attended with mala fide and maliciously instituted with ulterior motive for wreaking vengeance on accused and with view to spite him due to private and personal grudge - Proceedings not liable to be quashed.

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  • Allahabad High Court

    Hon'ble Judge(s) Hon'ble Judge(s): Sanjay Kumar Singh

    Ram Chandar alias Chandan Sonkar v. State of Uttar Pradesh

    D.O.D : 21/01/2021

    Order Accordingly

    Criminal P.C. (2 of 1974) , S.439— Bail - Offences u/Ss. 3/5A/8 of U.P. Prevention of Cow Slaughter Act and u/S.11 of Prevention of Cruelty to Animals Act - Co-accused enlarged on bail - Accused has no criminal history - Considering nature of offence, evidence, complicity of accused - Conditional bail, granted.

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  • Calcutta High Court

    Hon'ble Judge(s) Hon'ble Judge(s): Arindam Sinha, Suvra Ghosh

    Suman Mondal v. Priyanka Mondal

    D.O.D : 20/01/2021

    Order Accordingly

    Guardians and Wards Act (8 of 1890) , S.10— Custody of child - Application by father to admit child to public school at his own cost and under his supervision - Marriage of parents dissolved by mutual consent and father granted visitation rights - No particulars of school provided in application - No evidence that child was deprieved of proper education in custody of his mother - Rejection of application, just and proper.

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  • Hon'ble Judge(s) Hon'ble Judge(s): S. G. Chattopadhyay

    Supriya Bhattacharjee v. Debabrata Chakraborty

    D.O.D : 20/01/2021

    Order Accordingly

    Criminal P.C. (2 of 1974) , S.125, S.127— Maintenance - Enhancement of - Husband, Headmaster earning Rs. 62,400/- p.m. proved by his salary certificate - Husband stating that he and his present wife suffering from aliment but no proof of serious aliment of them produced by him - Wife struggling with their daughter for survival - Daughter is school going child and Rs.8,000/- p.m. sanctioned by Family Court not at all adequate for them particularly when husband is capable of paying more - Though husband earns Rs.62,400/- per month his carry home pay has been reduced due to contribution of Rs.15,000/- to GPF and GPF recovery of Rs.10,000/- - Husband can bring down these amounts by contributing less to GPF and raising number of instalments for recovery of loan taken from GPF - Husband cannot be permitted to ignore his responsibility for maintaining his divorced wife and daughter on ground of inadequacy of carry home pay - Considering relevant factors for determining quantum of maintenance, amount of maintenance enhanced from Rs.8,000/- to Rs.17,000/- per month.

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