Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Procedure to be adopted by court - Held, normally in complaint cases filed u/s 138 of the Act when a complaint is filed, complainant is having a stake in the matter - Therefore, in absence of complainant, complaint should not be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Personal appearance of complaint - Exemption therefrom - Power of Magistrate - Held, proviso to S.256(1) Cr.P.C. clearly provides that where complainant is represented by a pleader/counsel or where Magistrate is of opinion that personal attendance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2), 50, 55, 57 -- Acquittal on ground of non compliance of the provisions of Ss.42(2), 50, 55 & 57 - In appeal High Court upheld the acquittal - S.50 of the Act not applicable as it was not a personal search as opium was recovered from bag carried in hand - Acquittal upheld for non compliance of S.42(2) of..........
East Punjab urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Personal necessity - Residential building let out as shop - Does not lose the character of a residential building though rented out for non residential purpose - Landlord can seek eviction of tenant on ground of personal necessity...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.one lac - Accused ready to pay the amount of cheque alongwith reasonable interest and cost - Accused ready to deposit Rs.1.15 lacs - In case accused deposits this amount the dispute may be referred to Mediation and Conciliation Center or Permanent Lok Adalat for resolution of the..........
Criminal Procedure Code, 1973, Section 482 -- Jurisdiction - Limited Jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure - It is ordinarily for the Magistrate to consider as to whether a case for grant of bail has been made out or not - Similarly, High Court should not have, for all intent and purport, issued the direction for grant of..........
Civil Procedure Code, 1908, Order 47 -- Private Ltd. Company - Decree against - Execution of decree - Whether decree obtained against private company can be executed against personal property of its managing director? - Held, decree passed against a private company which being a distinct legal entity it cannot be executed against its managing director or directors and..........
Motor Vehicles Act, 1988, Section 168 -- Accident - Compensation - Deduction for personal and living expenses - Deceased married - Deduction towards personal and living expenses should be one-third...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction of 1/3rd towards personal expenses - Not to be insisted upon in a case of permanent disability...........
Motor Vehicles Act, 1988, Section 166 -- Death of earning member of family - Businessman aged 46 years - Average gross future monthly income - Average life expectancy in India is also one of the factors which must be taken into consideration for the purpose of calculating the average gross future monthly income - The average life expectancy in India is now 60/61 years - It..........
