Negotiable Instruments Act, 1881, Section 138, 142, 145, Criminal Procedure Code, 1973, Section 200 -- Issuance of process - Summoning of accused - It is open to Magistrate to issue process on the basis of contents of the complaint, documents in support thereof and affidavit submitted by complainant in support of complaint...........
Constitution of India, 1950, Article 32, 142 -- Murder - Deficiency in investigation - Power of superior Court - Held, if deficiency in investigation or prosecution is visible or can be perceived by lifting veil which try to hide realities or covering the obvious deficiency, Courts have to deal with same with an iron hand appropriately within framework of law - Court can..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Dissolution of marriage - Irretrievable broken down of marriage - Held, statute does not permit a Court to dissolve a marriage on account of its irretrievable breakdown - This may be done by Supreme Court in exercise of its powers and jurisdiction u/Art.142 of Constitution of India...........
Constitution of India, 1950, Article 142, 309, Karnataka Judicial Services (Recruitment) Rules, 1983, Rule 3(2) -- Extension of term of Special Judge - Held, it is a matter within jurisdiction of state in accordance with relevant law - When statute provides for a particular procedure, authority has to follow same and cannot be permitted to act in contravention of same -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney holder (i) Complaint can be filed through power of attorney holder (a) if he is aware of the transactions; (b) an explicit assertion is made about his knowledge of the transaction in the complaint; (ii) Power of attorney holder can initiate criminal proceedings on behalf of the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship firm - Complaint can be filed by (a) by the proprietor describing himself as the sole proprietor of the firm; (b) by firm through sole proprietor; (c) by sole proprietor or sole proprietorship firm through attorney holder under a power of attorney executed by the sole proprietor...........
Negotiable Instruments Act, 1881, Section 138, 142, Constitution of India, 1950, Article 226, 227 -- Dishonour of cheque - Complaint - Quashing of proceedings - Held, it is not proper for High Court to entertain writ petition to quash proceedings of a subordinate Court under superintendence of another High Court...........
Negotiable Instruments Act, 1881, Section 138, 142(2), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Limitation to file complaint - Reckoning of period of limitation - Held, while calculating the period of one month which is prescribed u/s 142(b) of Negotiable Instruments Act, the period has to be reckoned by excluding the date on which the cause of action..........
Negotiable Instruments Act, 1881, Section 138, 142(b), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Limitation to file complaint - Reckoning of period of limitation - Limitation Act is not applicable to Negotiable Instruments Act - However, with the aid of S.9 General Clauses Act, which is applicable to Negotiable Instruments Act, it can safely be..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in lodging complaint - Condonation of delay - While taking cognizance reasons justifying condonation of delay not stated - Held, while entertaining time barred complaint, Court is required to consider complainant's request in the light of his/her statement on oath and any other material..........
