Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act of applicants/police officials was not committed in their official capacity or under color of office held by them - There is no direct or reasonable connection between their act and their official duty - Merely because applicants are police officials, it would not provide any shield to applicants..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Onus is not on complainant at the threshold to prove his capacity/financial wherewithal to make the payment in discharge of which the cheque is alleged to have been issued in his favour - Only if an objection is raised that complainant was not in a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arraigned as an accused - Complaint against Executive Director of company alone - Accused was not drawer of cheque in his personal capacity, but he was an agent of the corporate entity - In the absence of Company as party to proceedings, prosecution against..........
Succession Act, 1925, Section 276 -- Probate - Will - In a proceeding for grant of probate, more so when it is contested, Court is required to decide as to whether testator had physical and mental capacity and soundness of mind to execute Will in question - Will must be attested by two independent witnesses and there must be no suspicious circumstances surrounding..........
Succession Act, 1925, Section 229, 230, 231 -- Will - Letters of administration - Executor of Will did not take any steps to obtain probate of Will - Executor disputed validity of Will and contended that testator was not in sound mind at the time of execution of Will and was suffering from different ailments since early 1995 and had no capacity to dispose - Thus, in such..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of functional disability - Amputation of right leg above knee - Appellant is not salaried, but is self-employed running and managing his own business - For the appellant to be able to effectively run his business, he is definitely required to move around - This has been hampered significantly by his..........
Criminal Procedure Code, 1973, Section 482, Punjab Land Preservation Act, 1990, Section 4 -- Quashing of complaint - Offence u/s 4 of 1990 Act - Offence by Company - Managing Director, General Manager and Senior Manager - Company has not been arrayed as an accused in the complaint - No allegations worth the name in the complaint that appellants are directly responsible for..........
Succession Act, 1925, Section 276 -- Probate - Will in question has been duly proved by one of attesting witnesses - Moreover, when Will is not under challenge by anybody and especially when no materials have been placed regarding shadow of doubt with regard to execution of Will and with regard to testamentary capacity of testatrix at the time of execution of Will, probate..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by A-1/principal of college, in the capacity of authorised signatory - A-1 did not give the cheque in his individual capacity towards the debt or liability that was owned by A-1 towards the complainant - Liability in question was only liability of college and its management and not of A-1..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012 -- Bail - Child victims - Directions issued to Secretary, Department UP Government to ensure that proper formats of reports to be submitted by Child Welfare Committee (CWCs) Courts in bail applications under POCSO Act - Proper training programmes to build the capacity of CWCs..........
