Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Cheque book from which cheque has been issued belongs to another firm - Even if it is taken that cheque has been drawn by accused, it was not drawn from the account of accused - One necessary ingredient u/s 138 of the Act held, missing - Moreover, record shows that neither..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Cheque signed by no, account holder - There is nothing on record that accused is the same person in whose name cheque book was issued, which means that even if it is taken that this cheque had been drawn by the accused, even then it was not drawn from the account of the..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), Security Interest Enforcement Rules, 2002, Rule 8(5), 9 -- Secured asset - Sale of secured asset consequent to taking over possession if borrower has failed to clear outstanding liability - Mode of sale referred to in R.8(5) of the Rules after giving notice..........
Electricity Act, 2003, Section 125, Limitation Act, 1963, Section 5 -- Appeal to Supreme Court - Delay of 71 days in filing appeal - Condonation of delay - Limitation for filing such appeal is 60 days - However, Supreme Court has jurisdiction to condone delay for a further period of not exceeding 60 days - Delay beyond such 60 days is uncondonable and it cannot be condoned..........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal - Delay - Condonation of delay - Delay in filing appeal due to incorrect legal advice - It cannot be considered that applicant deliberately and mala fidely filed the appeal belatedly - Court must be extremely liberal in the matters of condonation of delay and if a person has acted in bona..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Claimant failed to prove that he was an employee of respondent - Claimant did not summon his employer but chose to take that chance probably he would not have supported him - Onus was heavy upon claimant and he was to prove that owner was employer - Since claimant had failed to prove his employment, it..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - Claim petition could not treated to have been filed u/S.166 of Act as claimant failed to furnish details of vehicle involved - Claimant had held back DDR and presumption is that it would not have supported plea raised by him - Appeal dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Capacity to advance loan - In the instant case, complainant secured loan amount of Rs.2 lakhs from one person and handed over to accused - However, there is no evidence that said person had capacity to advance Rs.2 lakhs or that..........
Criminal Procedure Code, 1973, Section 386, 397, 401 -- Appeal against conviction - Withdrawal of appeal - Show cause notice issued to accused for enhancement of sentence - Accused cannot be permitted to withdraw appeal after issuance of show cause notice...........
Indian Penal Code, 1860, Section 307, 148, 149 -- Attempt to murder - Unlawful assembly - Appeal against acquittal - Brutal attack on PW1 causing 12 injuries involving fracture of skull, fracture of bones of both legs as well as on wrist - PW1 unequivocally stated both in his complaint and in his evidence, which is not shaken in cross, that five accused after shouting and..........
