Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Vicarious liability - As per material on record petitioner establishes that he had ceased to be director of company prior to issuance of cheques in question - Nothing on record to indicate that petitioner..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Summoning order set aside by revisional Court - It is apparent that a basic averment that respondent no.2 was responsible to accused company for its day-to-day affairs has been clearly made - However, no material is placed on record,..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Summoning order - Offence by company - Since petitioner is not a juristic person but is a natural person and though he is a suspended director, yet he is an erstwhile director of corporate entity concerned - Rather prima facie at relevant stage of issuance, was incharge of, business of corporate..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by Company - Allegation against director of Company - Quashing of complaint - Specific allegations were levelled against accused - It was averred that accused being a Director was in charge of financial decision making of company and he had agreed to guarantee repayment of all amounts payable by..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Non-joining of company of husband by wife waiting for auspicious time (subh-mahurat) that too for long 11 years, amounts to desertion on part of wife - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Decree for restitution of conjugal rights - Where wife sitting dormant despite knowing of fact the effort made by husband for restitution of conjugal rights, shows intention of wife not to join back company of husband - Merely because decree for restitution of conjugal rights was not put to execution, it cannot be..........
Medical negligence -- Liability of insurance Company - Hospital and its staff were held negligent in conduct of cataract surgeries - Insurance policies obtained by doctors would cover claim for professional negligence which was made against doctors - Hospital was not beneficiary of said insurance policies - Therefore, hospital cannot claim to be indemnified by insurer..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay of 9 days in filing complaint - Petitioners who is authorised signatory of company, could not file complaint within stipulated time, as he had to go out of station, during which period, he also suffered from jaundice and said factors ought to have been considered by trial..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dead body of deceased `S' not recovered pursuant to any disclosure made by any of accused - Not a single person had seen deceased `S' in the company of accused - Guilt of accused not proved - Conviction and sentence set aside - Accused acquitted...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Income of deceased - Deceased was 25 years old at the time of accident and was a Bachelor of Engineering in Computer Technology - Tribunal thus, rightly considered the income of deceased @ 20,000/- p.m. - High Court committed error by reducing compensation from 30,54,000 to 15,82,000 by allowing..........
