Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Leave to appeal - There is material variation in respect of the date when cheque in question was issued - Even, explanation offered by accused u/s 313 of Cr.P.C is regarding misuse of cheque - Prosecution case itself raised serious doubts and therefore, trial Court has rightly extended..........
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..........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration can be raised at any stage including in appeal or revision...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration - Objection can be considered at any stage by Court - However, with reference to such objection nature of recitals in document must necessarily be considered - It is thus, desirable that same be considered at the stage of..........
Liquor -- Consumption in hotel rooms - Sealing of hotel - Hotel did not sell or serve liquor to guests who were occupying their respective rooms and guests consuming liquor brought same by themselves - Same cannot be considered as impermissible - Consumption of liquor by guests in the hotel premises cannot be termed as illegal - Moreover sealing of hotel was in total..........
Liquor -- Consumption in hotel rooms - Sealing of hotel - Hotel did not sell or serve liquor to guests who were occupying their respective rooms and guests consuming liquor brought same by themselves - Same cannot be considered as impermissible - Consumption of liquor by guests in the hotel premises cannot be termed as illegal - Moreover sealing of hotel was in total..........
Limitation Act, 1963, Section 3 -- Limitation - Period of limitation being a question of fact and law can be taken up at any stage during proceeding of suit in view of S.3 of the Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 20, 3(1)(x), Indian Penal Code, 1860, Section 341, 323, 34 - - Special Court - Order taking cognizance - Jurisdiction to entertain a complaint and to take cognizance of offence under SC/ST Act is exclusively conferred upon Special Court, as provisions of general law empowering..........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 6(19) - - Specific endowment - Property in question was endowed specifically for performance of a religious charity in temple by way of deed of settlement - There was a restraint on creation of an encumbrance either on choultry or on land - Choultry was to be utilized at all times for use of general..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - PW2, only eye witness to the incident stated that vehicle was not driven at a speed - Prosecution not stated that vehicle in question was being driven on a public road - Even story of prosecution of rashness also becomes doubtful - However, post mortem report of deceased shows that..........
