Showing : 421-430 of 968 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
General Clauses Act, 1897, Section 26-- Double Jeopardy - Under Section 26 emphasis is not on facts alleged in two complaints but rather on ingredients which constitute two offences with which a person is charged - If offences are not same but are distinct, ban imposed by this provision cannot be invoked...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300-- Double Jeopardy - Concept of - Plea of 'autrefois convict' or 'autrefois acquit' avers that person has been previously convicted or acquitted on a charge for same offence as that in respect of which he is arraigned - Test is whether former offence and offence now charged have same ingredients in..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence of company - Vicarious liability of directors - Relevant date for - Held, at stage of summoning, relevant date to fasten "vicarious liability" on directors would be date of issue of cheques - Ingredients for bringing a person within ambit of S.141 of the Act are..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 141,149-- Unlawful assembly - Ingredients - (i) Offence must be committed by any member of unlawful assembly consisting of five or more members; and (ii) Such offence must be committed in prosecution of common object u/s 141 IPC of that assembly or such members of that assembly knew that it was likely to..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 468, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner/accused has stated that he was in financial difficulty and was unable to repay loan amounts and had no intention to cheat or dishonestly divert loan amount - Held, all these defences can be put forth and considered during trial -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B- - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(5)- - Shamlat deh - Exclusion from - Held, a landowner claiming that his land is excluded from `Shamilat deh' shall be required to prove ingredients of exclusion clause from the date set out in said clause so invoked - Where an exclusion clause does not set out any date land owner could be required to..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Admission regarding issuance of cheque - Effect - Held, mere admission regarding issuance of cheque will not attract all ingredients u/s.138 of the Act - Such admission would only compel Court to draw legal presumption u/s.139 of the Act and same is rebuttable one...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Complaint - Acquittal - Validity - Plea of accused that cheques were issued to complainant by way of security for due performance of work entrusted and complainant failed to perform its part of contract and as cheques were not issued for due repayment of amount of Rs.100..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13A-- Eviction - NRI landlord - Held, u/s.13-B of the Act, basic ingredients which have to be fulfilled are - (i) that landlord has to be an owner of premises in question for a period of 5 years prior to institution of petition - (ii) that landlord should be no, resident Indian falling within definition..........

Showing : 421-430 of 968 Results