Indian Penal Code, 1860, Section 406 -- Stridhan - Non-return of stridhan - No allegation made by wife in divorce proceedings regarding non-return of stridhan - Stridhan articles were already deposited in police station - Subsequent list submitted by wife in 2016 appears to be afterthought, as same was filed after more than 7 years of filing of divorce petition and more..........
Constitution of India, 1950, Article 14, 21, 309, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 15 -- Sexual harassment at work place - Grant of compensation to complainant/victim - Considering that complainant faced extreme insensitive and undignified circumstances due to improper handling of her complaint - Fundamental..........
Indian Penal Code, 1860, Section 120B, 403, 409, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Offence by company - Prosecution of Managing Director - Quashing of proceedings - Allegations must be incorporated in the complaint referring to the specific instances of involvement of Managing Director in that capacity and the mode of involvement - Allegations levelled..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Prosecutrix aged about 13 years in her testimony as PW1 is consistent with her versions given in her complaint and her statement recorded u/s 164 Cr.P.C - Presumption u/ss 29, 30 of POCSO Act would be applicable and it was for accused to prove his defence - No cogent evidence produced by..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Delay cannot be condoned without notice to accused and without granting him an opportunity of being heard in the matter...........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Expression `Sufficient Cause' shall be understood and applied in a practical, pragmatic and reasonable manner - In the absence of any deliberate inaction or negligence on the part of complainant, the words `sufficient cause' shall be construed in a..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Notice served on accused on 15.5.2018 - Complaint should have been filed on or before date 29.6.2018 - However, complainant got knowledge regarding date of service of notice on accused only on 26.6.2018 - Complaint filed by complainant only on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Any complaint filed before expiry of fifteen days from date on which notice has been served on drawer/accused is no complaint at all in eye of law...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Filing a complaint to statutory authority to cancel an arms license issued to a person for certain specific reasons, same does not amount to defamation as contained in S.499 IPC...........
Criminal Procedure Code, 1973, Section 245(2) -- Warrant case - Discharge - Magistrate has necessary discretion u/s 245(2) Cr.P.C to discharge accused in a warrant case instituted on private complaint when he is satisfied that complainant has neglected to participate in pre-charge enquiry and failed for no good reasons to adduce evidence requisite for formulating a charge..........
