Q: Write about the citation of Rajaram V. Maruthachalam SC 2023 ?
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Ans: In this case, the honourable Supreme Court set aside the order of high court because the complainant was unable to prove his financial capability to lend money through his ITR.
Ans: Union of India (UOI) and Ors Vs. Surendra Pandey, 18.09.2014 . The Respondent on authorised leave started his homeward journey by train. While boarding a bus from Hajipur to join his family in Patna he met with an accident that resulted in a disability, assessed at 20% by the Medical Board concerned. A Court of Inquiry recorded a finding that the accident and the resultant injury suffered by the Respondent were not attributable to military service. The claim for payment of disability pension was declined by the Appellants, according to whom the Respondent was authorised to travel upto Gopalganj-his home station. Any accident involving the Respondent at Hajipur was in no way related to military service or the time requisite for completing the homeward journey which the Respondent was authorised to undertake. The Respondent approached the Armed Forces Tribunal. The Tribunal held that the disability was attributable to military service as the Respondent was on annual leave, henc...
Ans: The Magistrate under Section 249 has the power to discharge a case where the complainant is absent. The discharge under Section 249, however, is hedged with the condition that the offence may be lawfully compounded or is not a cognizable offence. x
Ans: A and B collude together and A issues the cheque for X Amount, which gets dishonored. B files the complaint under S.138, and without proving the liability gets the benefit of presumption under S.139, now both A and B enact the drama of compounding under S.147 of NI Act, matter closed, but in principle A has violated IPC S.208 and S.210 and B has violated IPC S.209. So, if rightly B is asked to prove the entitlement to become the holder, before presumption can be granted to him, surely he would fail and lawfully both A and B can be prosecuted under IPC S.208, S.209 and S.210 if required.
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