Securities and Exchange Board of India Act, 1992, Section 15Z, Securities, Exchange Board of India (Substantial Acquisition of Shares, Takeovers) Regulations, 1997 -- Regl.11(1) - Appeal - Order directing appellant to make public announcement in terms of Regn. 11(1) of Regulations - Non-compliance of order - Provision of Regn.11(1) of Regulations will kick in at any stage..........
Foreign Exchange Regulation Act, 1973, Section 40, 56 -- Order of summons - Challenge as to - Application for quashing of proceedings - Allegations that appellant entered into agreement for advertisement of his brand name on racing car without taking requisite permission from RBI - As per averments in complaint that earlier summons were not carried out deliberately and..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409, 465, 471, 477A -- Criminal misconduct - Misappropriation of money by using forged documents and falsifying accounts - Inordinate delay in investigation - Delay of three years in registering case and further four years to file a charge sheet - Besides this, officers who..........
Indian Penal Code, 1860, Section 294, 324, 326, 506 -- Part-II - Reduction of sentence - Offence u/ss 294, 324, 326, 506 Part-II IPC - Admittedly, incident occurred in night in a Naxalite area - It is also evident from record that it is a case of sudden quarrel and heated exchange of words between injured and accused - Conviction upheld - Accused spent more than one year..........
Transfer of Property Act, 1882, Section 109 -- Rent & Eviction - Transfer of property by way of exchange deed dated 23.04.1975 - After exchange deed erstwhile owner executed rent deed dated 20.5.2006 in favour of tenant - Tenant on many occasions approached transferee to receive rent and also paid electricity charges to him - Held, non consideration of subsequent tenancy..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Loan - Bahi entries - Account books/bahi entries are not instruments of advancement of loan like pronote, bonds, or Bill of exchange etc. which can legally be enforced, as recognized under the N.I Act - Entries in account books are only relevant u/s 34 of Evidence Act,..........
Indian Penal Code, 1860, Section 302, 307, 323 -- Murder - Death sentence - Death of six persons by hitting with bus and eleven persons injured - Altercation between accused and passengers about fare - Not only there were heated exchanges between accused and passengers but driver was slapped by a passenger - Incident occurred in the spur of movement without any..........
Constitution of India, 1950, Article 14, 16 -- Appointment - Name of petitioner was sponsored by Employment Exchange in response to requisition sent by Municipal Corporation - Municipal corporation passed resolution on approving petitioner's appointment - Local Government Department held resolution as illegal - Approach of respondents to deny appointment to petitioner by..........
Transfer of Property Act, 1882, Section 118 -- Exchange - Provisions of Transfer of Property Act not applicable in the State of Punjab - Even oral exchange is permissible - No document is required to be executed and registered - Recital in the deed of its proposed course of action in getting the same registered has no telling effect on the lawful execution of exchange..........
Transfer of Property Act, 1882, Section 118 -- Exchange - Once the exchange is proved on record its validity flows from document in question which is coupled with delivery of possession of exchanged property - Plea of defendant that transaction was only an agreement of exchange cannot form any basis for treating the instrument to be not legally enforceable...........