Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal against ex parte divorce decree - Nothing on record to show that wife had left her permanent address at any point of time - It cannot be said that wife had no communication with her permanent address and never came to her permanent address, as disclosed in the cause title of appeal, during the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Petitioner being independent director had resigned prior to issuance of most cheques and was not signatory to any of them - Complaints are silent qua any active role of petitioner in business of company - Statutory requirement u/s 141 of the Act is not satisfied -..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Appellant who is running factory on land in question, has not obtained a valid Change of Land Use (CLU) certificate - For establishing a factory or any other commercial development being valid, a CLU is a prerequisite, in the absence of which running a factory on the said land cannot be validated so as to include..........
Insolvency and Bankruptcy Code, 2016, Section 31 -- Resolution plan - All the dues including statutory dues owed to Central Government, or any State Government or any local authority, if not part of resolution plan, shall stand extinguished and no proceedings in respect of such dues for period prior to date on which Adjudicating Authority grants its approval u/s 31 IBC..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Reliance on certain documents - Accused demanded those documents and reserved her right to give reply to demand notice after receiving the documents - However, documents were not provided to accused - Magistrate could have dismissed the complaint by..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within 2 months of her marriage due to burn injury - However, none of witnesses i.e PWs 1 to 7 has ever stated in their respective testimony that deceased was subjected to cruelty by appellants - Rather PW1 to PW4 stated that deceased was having good..........
Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) seeking intervention in the matter and seeking clarification, modification of the directions -- Supreme Court being the highest court of the country, the practice and procedure being followed in the Supreme Court proceedings by the Advocates and Officers of the Supreme..........
Practice and Procedure -- Courts cannot rewrite statutory provisions or introduce additional procedural safeguards that are not contemplated by law...........
Practice and Procedure -- Courts cannot rewrite statutory provisions or introduce additional procedural safeguards that are not contemplated by law...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Statutory presumption in favour of bail can only be rebutted if compelling reasons exist...........
