Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Rape case - Father of juvenile is a labourer and juvenile is a student of class 9th - Economic condition of family is weak and social status is normal - Juvenile needs strict discipline and rehabilitation by keeping him away from bad company - No criminal history either of..........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Claimed by biological parents of child - Child is in custody of her maternal uncle and aunt who is issueless - She has not been legally adopted - Mother who gave birth to child cannot be deprived of company of her daughter just for the fact that for sometime child was given in foster care of her maternal uncle..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Quashing of proceedings qua Director - If any Director or partner wants the process to be quashed on the ground that only a bald averment is made in the complaint and that he/she is really not concerned with issuance of cheque, he/she..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Liability of Director - On other elements of an offence u/s 138 of the Act being satisfied, burden is on Board of Directors or officers in charge of affairs of Company/partners of a firm to show that they were not liable to be convicted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Criminal liability and vicarious liability - Criminal liability is attracted only on those, who at the time of commission of offence, were in charge of and were responsible for conduct of business of the firm - But vicarious criminal liability can be inferred against the..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of 16 criminal cases - From four different States to one Court in Mumbai - Multiple FIRs across four States have been filed against petitioner and other accused persons containing broad and common allegations pertaining to act done in collusion by accused persons to defraud the complainants and misappropriate the money..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by Company filed through Director, who initially has no authorization to represent company - Complaint cannot be quashed on said ground, as Company can at any stage rectify such defect...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Mere fact that husband failed to put into execution of decree of restitution of conjugal rights, inference cannot be drawn that husband did not want company of wife...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of Insurance Company - Testimony of eye witness - Incident occurred in busy market place - Testimony of eye witness duly established the accident as well as involvement of offending vehicle - Eye witness did not know the deceased and his family before the accident - Merely because he has not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - If husband expects wife to stay at a place other than his company without any sufficient cause, it cannot be stated that because of resistance by wife to stay apart it would be a cruelty by wife - Divorce petition rightly dismissed...........
