Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation - Condonation of delay - Delay of 25 days in filing complaint - High Court quashed complaint on ground that complaint is barred by limitation when plea of limitation was taken for the first time before High Court - High Court ought to have remanded the matter back to trial Court for..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cause of action for presentation of complaint for offence u/s 138 of the Act arises on expiry of 15 days from date of receipt of notice issued by complainant - Therefore, combined reading of Ss.142 and 138 of the Act discloses that time stipulated for submission of complaint is one month and 15..........
Indian Penal Code, 1860, Section 376, Constitution of India, 1950, Article 142 -- Rape cases - Fast Tract Courts constituted for trial of rape cases - But fast tract procedure not framed - Interim directions issued : (i) Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall make immediate steps to take the victim to any..........
Indian Penal Code, 1860, Section 376, Constitution of India, 1950, Article 142 -- Rape cases - Fast Tract Courts constituted for trial of rape cases - But fast tract procedure not framed - Interim directions issued : (i) Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall make immediate steps to take the victim to any..........
Constitution of India, 1950, Article 142 -- Evacuee property - Appellant in possession of suit land for a long time - Collector has favourably considered representation and assessed market value of suit land at a sum of Rs.3,94,108/- - Due to poor financial condition appellant has sought for permission to pay sale price in six installments - Held, it is a fit case for..........
Constitution of India, 1950, Article 142 -- Exercise of power u/Art.142 - Held, Power is plenary in nature and not limited by restrictions in ordinary law - However, where Court finds that limitations in law are so fundamental it will exercise power appropriately having regards to statutory limitations...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Directors - Vicarious liability - Allegations against petitioners are very vague - No specific role has been assigned to them - It is not disclosed how they are responsible for day to day affairs of company - Rules and regulations of Bank does not empower petitioners to take any loan from..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Company - Vicarious liability of Directors - Mere bald averments in the complaint that accused persons were incharge and responsible for the conduct of day to day business of the company is not sufficient to hold them vicariously liable - It is incumbent upon complainant to specifically spell..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 322, 406, 407, 177, Constitution of India, 1950, Article 226, 227 -- Dishonour of cheque - Complaint - Lack of territorial jurisdiction - Procedure to be followed by Magistrate - Explained in detail...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Complainant running his business at Parwanoo within jurisdiction of Kasauli Court - Accused having its office at Shimla - Transaction took pale at Parwanoo - Cheque presented for encashment at Parwanoo and intimation of dishonour also received at Parwanoo - Fact that cheque issued..........
