Protection to life and liberty -- Live-in-relationship - Both the petitioners are major and claim to be in a live-in-relationship - Apprehension raised by petitioners of threat to their lives and liberty at the hands of respondents - Concerned SHO or any other Officer to whom such powers have been delegated or have been authorized in this regard to provide appropriate..........
Societies Registration Act, 1860, Section 6 -- Suits by and against societies - Unless the plaintiff in a suit which claims to be a society, demonstrates that it is a registered entity and that person who signed and verified the pleadings was authorized by bye laws to do so, suit cannot be entertained...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Executed by power of attorney holder - Plea that principal was dead at the time of execution of sale deed - Plea rejected, as it is the case of defendants themselves that after becoming aware about plaintiff having purchased suit property, one of them approached principal, who denied to have authorized power of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint filed by Company through General Manager - Indication in the complaint and the sworn statement (either orally or by affidavit) to the effect that complainant (Company) is represented by an authorized person who has knowledge, would be sufficient...........
Protection to life and liberty -- Live-in-relationship - Petitioner No.2 is a married woman and voluntarily gone to company of petitioner No.1 - Petitioners are facing grave danger from private respondents - Court is not adjudicating on validity of petitioners marriage or her decision of cohabiting with petitioner No.1, but adhering to its fundamental duty of guarding..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Detention of person in police custody not authorized by law - Cannot be treated as an act committed in discharge of official duty - Sanction u/s 197 Cr.P.C not warranted...........
Prevention of Corruption Act, 1988, Section 17 -- Persons authorized to investigate - Investigation of case was entrusted by Superintendent of Police to Inspector of Police - There is no fetter of law that under instruction of Superintendent of Police, an Inspector cannot conduct investigation - Contention that investigation is vitiated because of being done by a non..........
Fire in godown of distillery -- Demand of excise duty on liquor lost in fire - Liquor that was lying stored in bonded warehouse had already become subject to excise duty with postponement of actual charging of duty as per rate applicable on the date and time of issue for sale from warehouse - It gets perforce reiterated that taxable event was production or manufacture and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Whether or not accused has repaid the entire amount, is a question which can only be decided on basis of evidence led before trial Court - Even, authorized person having due knowledge of factum of transaction of having witnessed the..........
Prevention of Corruption Act, 1988, Section 2(c)(iii) -- Public servant - Any person who holds an office by virtue of which he is authorized or required to perform any public duty is a public servant...........
