Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - In a trial u/s 138 of the Act, presumption has to be drawn that every negotiable instrument was made or drawn for consideration and that it was executed for discharge of debt or liability - No sooner the complainant discharges the burden to prove that instrument was executed by..........
Limitation Act, 1963, Section 18 -- Acknowledgment - Balance sheet and profit and loss account constitute acknowledgment of liability as on date of signature it bears for purpose of S.18 of the Act - However, it contains no admission of amount due on date of signature and does not preclude parties from proving discharge subsequent to period to which it relates...........
Motor Vehicles Act, 1988, Section 149, 166 -- Fake Licence - Insurance Company failed at threshold and could not discharge initial onus of proving that driving licence was fake - Initial grievance of appellant that no opportunity was granted by Tribunal to produce evidence regarding fake licence no longer exists - Rather for remittance from High Court and after production..........
Advocate -- Advocates are officers of Court and in case respondents have any grievance against their opponents they are at liberty to proceed against them in accordance with law - However, commenting on conduct of counsel in discharge of his professional duty is unfortunate; besides being inappropriate...........
Defence Service -- Dismissal - Re-instatement by Tribunal - Validity - Charge of overstaying the casual leave - Respondent overstayed beyond causal leave period for around 1-1/2 years without informing either his superiors or nearest military station as to his whereabouts - Though respondent was charged for the first time, but it is a serious misconduct on the part of..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Evidence Act, 1872, Section 101, 102 -- Criminal misconduct - Assets disproportionate to known source of income - Burden of proof - Primary burden to bring home charge of criminal misconduct is on prosecution - It is only on discharge of such burden by prosecution, if accused failed to satisfactorily account for..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Reduction of - Amount already paid for the period in question i.e a sum of Rs.1,83,00,000 as mesne profit including interest thereon should suffice and no further amount is to be paid - Lump sum amount is sufficient to discharge the liability and bank guarantee for remaining amount shall stand discharged...........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 8, 10, 12, 13(2), 13(1)(d) -- Criminal Conspiracy - Illegal gratification - Quashing of charge - Prosecution failed to prove guilt of accused - There is no material evidence on record in order to bring home the charge of conspiracy against accused - No direct or circumstantial evidence to..........
Criminal Procedure Code, 1973, Section 249, 482, Indian Penal Code, 1860, Section 302, 364 -- Complaint - Dismissal for non appearance of complainant - Magistrate was not competent to discharge accused and dismiss complaint, in view of provisions of S.249 CrPC, as complaint under "cognizable and no, compoundable offences" automatically after summoning accused has to be..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(i)(d) -- Discharge - Misappropriation of public funds of bank by charted accountant/accused - Accused exonerated by Disciplinary Committee constituted under Chartered Accountants Act looking into the..........
