Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Accused is required to appear before trial Court on every Friday and he as such is appearing before Court since 2013 - Nothing on record that at any point of time accused tried to delay trial - Accused is represented through his counsel - He was permanent resident of Delhi and he is director..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - There is no vicarious liability in criminal law upon directors of a company, when offence is committed by company - A director of a company can be made an accused along with company only if there is..........
Prevention of Corruption Act, 1988, Section 17 -- Person authorized to investigate - Authorization in favour of DSP was issued by Joint Director of Anti-Corruption Bureau, when he was performing his duties in public interest and not for his own benefit - Such authorization is valid and binding as it was an act of an officer de jure - Final report was filed after..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Neither petitioner was director of company when cheque in question was issued nor petitioner was responsible for conduct of business of company at relevant time - Therefore, no vicarious liability can be fastened upon petitioner u/s.141 of the Act for..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Requirement of S.141 of the Act is that person sought to be made liable should be incharge of responsible for conduct of business of company at relevant time - Since this has not been averred as a fact therefore, there is no deemed liability of..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Petitioner resigned from Directorship of company and date of resignation is relevant - However, in complaint there is no averment as to how and in what matter petitioner was responsible for conduct of business of company or otherwise responsible for..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Any communication would be deemed to have been received, if it is delivered to addressee personally or at his place of business, habitual address or mailing address - Communication would be deemed to have been received by party on the day it is so delivered - In the instant case, copy of..........
Service -- Government service - Health department - Appointment - Posts of Class III or Class IV - Appointments made by Regional Deputy Director - Post of Assistant Director was provided in Directorate of Health Services with no delegation of appointment except in case of emergency against sanctioned posts - Such Regional Deputy Director has not been conferred power of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not arraigned as an accused - Cheque in question is signed by applicant, in capacity of Managing Director of Company - It is thus, imperative on part of complainant to implead Company as party accused - Unless company is arraigned as an accused, order of issuance of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 20(3) -- Dishonour of cheque - Quashing of complaint - Offence by company - Accused not named as authorised signatory - Court directed accused to file affidavit as to whether he was such authorised signatory or not - Seeking such affidavit..........
