Contempt of Courts Act, 1971, Section 15, Constitution of India, 1950, Article 129, 142(2) -- Entry 77, List I - Contempt of Supreme Court - Gujarat riot case - Star witness - Zahira changed her stand at different stages and departed from statements made before Supreme Court - Money played a vital role in the change of stand - Zahira not able to explain assets in her..........
Negotiable Instruments Act, 1881, Section 138, 142, Constitution of India, 1950, Article 226, 227 -- Dishonour of cheque - Territorial jurisdiction - Complaint filed in a Court within jurisdiction of Calcutta High Court and Writ petition thereagainst filed in High Court of Kerala - For an offence u/s 138 of the Act complainant is required to prove the facts constituting..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Company - Cheque dishonoured issued by company - Directors of Company cannot be prosecuted in absence of their name appearing in the array of accused in the complaint...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Dishonour of cheque - Limitation - Delay - Condonation - Amended proviso which gave discretion to Court to condone delay in filing complaint is applicable when case was still pending...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Amendment of the proviso - Constitutional validity - Mere a discretion has been given to Magistrate to consider an application for condonation of delay - It has not created a new offence but has merely regulated the procedure of taking cognizance by the Magistrate - Such a regulation of procedure does not change..........
Negotiable Instruments Act, 1881, Section 142 -- Proviso - Delay - Condonation - Court can condone delay in filing a complaint if complainant satisfies that he had sufficient cause for not making complaint within statutory period of limitation - Complainant seeking benefit of proviso has to explain the reason for the delay...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Delay - Condonation - Court can condone delay on the strength of affidavit of complainant and not on the strength of affidavit of counsel...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Delay - Condonation - Court can condone delay in filing a complaint if complainant satisfies that he had sufficient cause for not making complaint within statutory period of limitation - Complainant seeking benefit of proviso has to explain the reason for the delay...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Delay - Condonation - Court can condone delay on the strength of affidavit of complainant and not on the strength of affidavit of counsel...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque can be presented any number of times within its validity but it will not give fresh cause of action every time - Cause of action accrues only when notice is given and drawer fails to make the payment - Cause of action arises only once...........
