Insolvency and Bankruptcy Code, 2016, Section 7 -- Corporate Insolvency Resolution process (CIRP) - Writ jurisdiction - CIRP proceedings commenced on 26.10.2018 and resolution plan was approved in 2020 - However, jurisdiction of High Court interdicting CIRP was invoked only in 4.1.2023 - Time gap between these two events is almost three years - Initiation and continuation..........
Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 420, 406, 323, 504, 120B -- Quashing of FIR - Cheating - No specific allegation made against appellant except some vague allegations - Complaint of committing default in payment of an amount of Rs.9 Crores was not made against appellant or against the company in which he was project manager, whereas..........
Hindu Marriage Act, 1955, Section 26 -- Visitation rights granted to father during pendency of divorce proceedings - Modification of place of visitation - Mother is residing in Madurai with minor daughter, while husband is resident of Karur - Distance between two places is about 150 Kilometers - In the process of adjudicating upon the rights of parents, health of child..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - There is a clear gap of over a month between incident and commission of suicide - Prosecution has failed to prima facie establish that appellants had any intention to instigate or aid or abet deceased to commit suicide - No doubt that a young woman of 25 years has lost her life in an unfortunate incident -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Process can be issued on the basis of contents of complaint, documents in support thereof and affidavit submitted in support of complaint - Magistrate has discretion and is not bound to call upon complainant to be examined to decide whether or not to issue process - Magistrate can rely upon affidavit..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of permanent disability - Appellant was a diamond cutter by profession - He suffered a complete loss of vision in one eye in the accident - Diamond cutting, is a task of immense skill which involves a great degree of precision and exactitude - Main process of cleaving and sawing clearly can be completed only..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - Magistrate without recording any prima facie satisfaction regarding truthness of incident has summoned petitioners - No evidence of complainant and his witnesses were discussed in the impugned order of summoning - Even no reason has been assigned - Impugned order of summoning passed..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 8, Capital of Punjab (Development and Regulation) Act, 1952, Section 2(k), 22, Chandigarh Lease-hold of Sites and Building Rules,1973, Rule 12(3) -- Cancellation of lease - Original allotment made in favour of allottees was cancelled by Assistant Estate Office after affording sufficient opportunity of..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Ground of abuse of process of law will not be available while arguing discharge application...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Accused can rely upon documents which are not the part of charge sheet in proceedings for quashing either u/s 482 Cr.P.C or Art.226 of Constitution, as a wider challenge is available in such petition including a challenge on the ground of abuse of process of..........
