Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of Cheque - Complaint by power of attorney holder - Complaint filed by the complainant through his General Power of Attorney is competent and the order taking cognizance on the basis of the statement of General Power of Attorney holder of the complainant who is aware of the facts is sustainable under the laws...........
Motor Vehicles Act, 1988, Section 142, 166, 168, 173 -- Accident - Compensation - Accident occurred due to rash and negligent driving of bus driver - Claimant a motorcyclist, sustained physical disability - No satisfactory evidence regarding percentage of functional disability - Claimant, mechanical engineer who started his own business - Leg injured in accident but there..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Cause of action - Complainant had already issued notice to petitioner on 04.07.2001 which was received by petitioner - Complaint filed on basis of subsequent notice allegedly issued on 31.07.2001 - Held, right to complainant was available to present cheque any number of times during..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Delay - Condonation - Magistrate can take cognizance of complaint after the prescribed period, if complainant satisfies Court that he had sufficient cause for not making complaint within prescribed period...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Can be filed by power of attorney holder of payee in the name of payee or holder in due course - Complaint need not be personally signed and presented by the payee or the holder in due course of cheque - The only requirement is that complaint should be in the name of payee or as the..........
Indian Penal Code, 1860, Section 141, 142, 149 -- Unlawful assembly - Formation of - Held, whether an assembly is unlawful or not would depend on various factors - Principal amongst them being a common object formed by members thereof to commit an offence specified in one or other clauses contained in S.141 of IPC - Constructive liability on a person on ground of being a..........
Indian Penal Code, 1860, Section 141, 142, 149 -- Unlawful assembly - Presence of accused - Held, presence of an accused while offence was committed is a sine qua non to find him guilty of being a member of unlawful assembly - If his presence is doubted, question of finding him guilty does not arise...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Cognizance of offence against Managing Director - Factors to be considered - Held, at the stage of taking cognizance, duty of court is to see whether all ingredients have been fulfilled and prima facie case is there or not - At the stage of cognizance, court cannot come to the finding..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Director - Ex. Director of Company arrayed as co-accused - Ex. Direction filed petition for quashing of proceedings - Petitioner had no connection with the company at the time of issuance of cheque and when it bounced - Petition allowed -..........
Electricity Act, 2003, Section 111, 121, 125, 142 -- Appeal to Appellate Tribunal - Locus standi - Person neither initiated proceedings before Regulatory Commission, nor aired any grievance of excessive exercise or non-exercise of jurisdiction by such commission - Held, such person cannot invoke jurisdiction of Appellate Tribunal u/s 121 of the Act...........
