Showing : 1981-1990 of 4470 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partner or proprietor of firm - Contradictory stands taken in notice and complaint - In the statement recorded u/s 313 Cr.P.C. it has not been put to accused whether he was a proprietor or a partner of the firm and what is his concern with the firm - Opportunity to explain..........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Fax (claimed to be the notice) has not been sent to accused company - Said notice does not say that petitioners must make payment of dishonoured cheque within a period of 15 days of receipt of said fax - It also does not say that in case of no, payment..........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Communicated addressed to the accused, number of cheque, date, amount and name of bank mentioned, reason for return of cheque as 'insufficient funds' mentioned, a request made to make the payment and a right reserved to initiate legal action in case of non payment -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178(d)-- Dishonour of cheque - Territorial jurisdiction - Determination of - Held, offence u/s 138 can be completed only with concatenation of following acts - (1) Drawing of cheque; (2) Presentation of cheque to Bank; (3) Returning cheque unpaid by drawee Bank; (4) Giving notice in writing to drawer of..........
DELHI HIGH COURT
Year of decision: 2009
Details
Evidence Act, 1872, Section 9-- Test identification parade - Accused shown to witnesses - This fact not brought to the notice of Magistrate who conducted TIP - Does not help the prosecution to sustain the charges against the accused beyond reasonable doubt...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Sikh Gurdwaras Act, 1925, Section 7, 8, 16(2)-- Declaring an institution as Sikh Gurdwara - Procedure - Petition is to be filed by fifty or more Sikh Worshippers - Petition is forwarded to appropriate Secretary of Govt. - State Govt. publishes the same in the manner provided u/s 7(3) of the Act and serves a notice on the persons who are in..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Evidence now sought to be led was already within knowledge of witness - It was only after cross examination of witness that certain lapses in evidence came to the notice - Does not make out a case for recall of a witness - Application rightly rejected...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 436-- Bail in bailable offence - Bail can be granted without notice to complainant...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 34-- Interest - Can be awarded in terms of an agreement or statutory provisions - It can also be awarded by reason of usage or trade having the force of law or on equitable considerations - However, it cannot be awarded by way of damages except in cases where money due is wrongfully withheld and there..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Medical negligence-- Complaint against doctor or hospital - In a Consumer Fora or a criminal complaint - On receipt of a complaint of medical negligence, before issuing notice to the doctor or hospital, Court should first refer the matter to a competent doctor or committee of doctors, specialized in the field relating..........

Showing : 1981-1990 of 4470 Results