Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), Indian Penal Code, 1860, Section 498A, 313, 323, 506 -- Divorce - Cruelty and desertion - Wife left company of husband in 2022 and efforts of husband to bring her back went in vain - Wife made false criminal complaints against husband - Also made complaints to Senior Officers of husband - Conduct of wife in filing a..........
Income Tax Act, 1961, Section 170 -- Assessment order passed in name of the non-existent amalgamated company - Validity of - As per facts of case, from commencing of search and seizure, assesse was aware of amalgamation and consistently held itself out as assesse - Mere Amalgamation would not invalidate Income Tax Proceedings as it would not amount to Winding Up of Company..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - Evidence of last seen witness PW2 is hearsay - Testimony of PW2 fails to advance the prosecution case as his statement is merely hearsay - Even, statement of PW4 also said to be hearsay so far as theory of last seen of deceased in the company of accused - Statement..........
Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Wife despite passing of decree for restitution of conjugal rights, did not join the company of husband and failed to comply with said decree - Consequently, after passing of one year husband filed a petition u/s 13 of the Act for dissolution of marriage, which was accepted by Family Court -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Moratorium provisions contained in S.14 of Insolvency and Bankruptcy Code, 2016, would apply only to corporate debtor - Natural persons mentioned in S.141 of N.I. Act would continue to be statutorily liable under provisions of the Act. (P.Moharnraj V Shah Brothers followed)..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife withdrawn from the society of husband without any reasonable cause - No cogent and reliable evidence led by wife which may show that husband has withdrawn himself from company of wife without any sufficient reason or cause - Rather, it is wife who deserted husband for a..........
Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Abduction - Prosecutrix herself stated that on the date of incident she has turned major and has voluntarily joined the company of accused due to having love affair between them - She stated that accused has done nothing wrong with her or against her will -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 482 -- Dishonour of cheque - Application for amendment of title of complaint by inserting name of company - Cheque was issued by the accused in the name of company and cheque was issued to discharge liability towards company - Amendment if granted, would only help court to arrive..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Offence by Company - Company not arraigned as accused in complaint - Complaint quashed being not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by company - Company not arraigned as an accused - Cheque issued on behalf of Company not in individual capacity of Directors - Prosecution simplicitor against Director without making specific averments about role played by them, would not be maintainable - Proceedings quashed...........
