Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Complainant except making a bald assertion regarding his financial capacity to mobilise funds has not produced any other document - Hence, it cannot be presumed that cheque was issued in discharge of legally enforceable debt or liability - As such,..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Cheques has not been signed by present petitioners, the same has been signed and issued by `A' from individual bank account maintained by him - Present petitioners cannot be made vicariously liable for the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - There can be no vicarious liability unless there is prosecution against firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arrayed as accused - If prosecution proceedings against firm were not taken by complainant for offence u/s 138 of the Act, it is certainly a bar for proceeding against other person coming within ambit of S.141(1), (2) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Impleadment of firm as accused - Cheque drawn on the account of firm - Complainant failed to issue notice to firm as contemplated u/s 138(b) Proviso of the Act - Since no notice was issued against firm within time prescribed, complainant has no sufficient cause for invoking..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Directors - Petitioners are neither signatory of cheque nor in any way responsible for issuance of cheque - Vaguely stated in complaint that petitioners are directors and responsible for day to day affairs of company - Without any specific role attributed to each of the petitioners in the..........
Specific Relief Act, 1963, Section 38 -- Injunction - Suit for specific performance and injunction - Restraining defendants from operating factory - Defendant's control and possession over factory admitted in plaint - In a suit for specific performance of this nature, where defendant's ownership, possession and control over factory are admitted, there was thus, no scope to..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Nothing on record showing that there is moral, physical or psychological danger to juvenile, if he is released, nor there was any possibility..........
Insolvency and Bankruptcy Code, 2016, Section 14, 7 -- Moratorium imposed u/s 14 of IBC - Management of affairs of Corporate Debtor vest in Interim Resolution professional - However, sum of Rs.32.50 lakhs has been remitted into account of Company after order u/s 14 of IBC was passed and without authority from Resolution Professional - Case of company that it had business..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 106 -- Murder - Accused-husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother in law of husband who was escorting deceased from her parental home was last person seen in her company - Burden to prove the guilt is always..........
