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Allied Laws |
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Ajay R. Singh |
1. Banking – Disihonour of cheque Negotiable Instrument Act, 1881
The cheque given as a security, if bounced, shall be the subject matter of a prosecution under section 138 of the Act.
Sai Auto Agencies vs. Sheikh Yusuf Shaikh Umar 2010 Vol. 112 (3) Bom. L.R. 1201
2. Company – Petition for winding-up - Ss. 433 and 434 of Companies Act, 1956
A creditor who has instituted a suit for the recovery of its dues would not be for closed from instituting a petition under section 433 for winding up on the ground that the company is not able to pay its debts.
L & T Finance Ltd. vs. International Hometex Ltd. 2010 Vo. 112 (2) Bom-L.R. 878.
3. Caste – Status on Marriage – Constitution – Articles 15(4) & 16(4)
A woman who is born into a scheduled caste of a scheduled tribe, on marriage with a person belonging to a forward caste, is not automatically transplanted into the caste of her husband by virtue of her marriage and thereafter, she cannot be said to belong to her husband caste.
Rajendra Shrivastava vs. The State of Maharashtra. 2010 Vo. 112 (2) Bom. L.R. 762
4. Foreign National – Grant of Work Permit: Constitution of India.
Foreign nationals who have come to India on a tourist visa cannot be issued work permit.
Zainab Bte Yousuf and Tetsyo Hiryama Japanese National vs. The State of Maharashtra and UOI (2010) Vol. 112 (2) Bom. L. R632
5. Family – Liability of son and grandsons to pay maintenance - Hindu Adoption and Maintenance Act, 1956 - S. 22(1)
Grandsons would have been liable to pay maintenance to grandmother under section 22(1) of the Hindu Adoption and Maintenance Act, 1856 provided their father had not been alive and not capable of paying maintenance.
Ganesh & Ors vs. State of Maharashtra & Anr. 2010 Vol. 112 (3) Bom. L.R. 1082
6. Limitation – Suit for recovery of money
Plaintiff claiming outstanding balance of price of goods delivered to respondent. Suit filed on basis of statement of account showing outstanding balance. Said statement of account contained entries which corresponds to acknowledgements of debts by Respondent. Suit filed within limitation from date of last entry in accounts.
M/s Jay Shree Tea & Inds. Ltd vs. Mrs. Dropti Devi & Anr. AIR2010 (NOC) 220 Del
7. Precedent – Doctrine of per incuriam
Decision, rendered contrary to law, statutory or judge made or a binding precedent, or an obligatory authority, and patently erroneous, is per incuriam.
Amar Kumar Mehta & Anr. vs. State of Bihar & Ors. AIR 2010 Patna 19
8. Tenancy – Subletting – Burden of Proof
The burden of showing that the tenanted premises has not been sublet is on the tenant
Ashraf Abdulla vs. UOI & Anr. 2010 Vol. 112(3) Bom. L.R. 1219