Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - If the Adjudicating Authority is satisfied from materials placed before it in the application that all necessary ingredients are satisfied for presentation of an application u/s 7(1) IBC, it may not reject application for an insignificant omission or non-adherence to Form I prescribed by 2016..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest must be communicated to accused in writing - Law as to: (i) Constitutional mandate of informing arrestee grounds of arrest is mandatory in all offences under all statutes including offences under IPC/BNS; (ii) grounds of arrest must be communicated in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa) -- Dishonour of cheque - Complainant u/s 138 of the N.I Act is a victim as defined in S.2(wa) Cr.P.C. as the expression `victim' includes not only person who has suffered any loss or injury caused by reason of any act or omission for which accused person has been charged, but also..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372Proviso, 378 -- Dishonour of cheque - Appeal against acquittal - Person who files a complaint alleging offence u/s 138 of N.I Act has right to prefer appeal u/s 378 or S.372 proviso Cr.PC (S.419 and S.413 Proviso BNSS) - Since an appeal lies under Cr.P.C or BNSS, no proceeding by way..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Settlement agreement was recorded only in civil Court and a decree passed in the suit - Complaint was neither referred to mediation nor was any compromise reported before trial Court - Criminal proceedings thus, continue to subsist independently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Mere existence of a compromise decree in a civil suit does not ipso facto render criminal prosecution non-maintainable, particularly when terms of settlement themselves contemplate withdrawal of complaint only upon fulfillment of specified conditions...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - S.143-A of the Act confers a discretionary authority and does not mandate automatic award of interim compensation - Exercise of such discretion is contingent upon factual substratum of each case and equities emerging therefrom...........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 397(3) -- Dishonour of cheque - Second revision application - S.397(3) Cr.P.C. enacts a clear prohibition against entertaining a second revision at the behest of same party...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant has appeared before I.O. pursuant to interim protection granted and there being a civil dispute between parties with regard to immovable property - Co-accused have been already granted bail - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 435, 511 -- Offence u/ss 435, 511 IPC - Petitioners other than merely being in possession of alleged combustible material, have not either attempted to light combustible material or destroy anything by combustible material - Offence u/s 425 IPC not made out - Proceedings qua petitioners quashed...........
