Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Corporate Insolvency Resolution Process issued against Company - Imposition of moratorium and appointment of Interim Resolution Process only protects corporate entity that has filed for insolvency and not the private persons involved within it - Such private persons have been..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(4) -- Jurisdiction for arbitration in Facilitation Council - Appellant MSME is located in Delhi - In exercise of its power, Facilitation Council entrusted the conduct of arbitration through institutional aegis of Delhi Arbitration Centre - Private agreement between parties stands overridden by statutory..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of FIR - Offence when more or less is in the nature of a private offence such like in matrimonial cases, commercial disputes, money matters and some other offences of lighter nature, which does not affect public interest at large, then certainly in the given facts and circumstances of each and every case,..........
Indian Penal Code, 1860, Section 354, 323, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Outraging modesty of woman - Compromise - Quashing of FIR - Allegation that a group of 8-10 young men including three petitioners allegedly tried to outrage modesty of complainant who was accompanied by her husband and on being objected by her husband, he was hit on head..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim - Victim extensively cross-examined by accused but nothing incriminating elicited from her so as to discredit her testimony - Testimony is corroborated partly by her father - Even though no injury found on the body or private part of victim, it cannot be a ground to disbelieve her testimony - Victim was..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Bharatiya Nyaya Sanhita, 2023, Section 351(3), 324(4), 296, 126, 118(1), 115 -- Quashing of FIR - Compromise - Offence u/ss 351(3), 324(4), 296, 126, 118(1), 115 BNS - Victim/complainant have genuinely effected a compromise with petitioner and they have no objection if FIR and consequential proceedings are quashed -..........
Criminal Procedure Code, 1973, Section 200, 202 -- Private complaint - Accused not summoned as additional accused - Attempt to summon those accused in a private complaint - Amounts to abuse of process of law - It amounts to an attempt to reagitate the same grievance which had already been decided in proceedings u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - SDM proceeded u/s 133 Cr.P.C without passing a conditional order - Passing of conditional order gives jurisdiction to SDM to proceed further - He treated private dispute as a public dispute - SDM thus, committed jurisdictional error which can be rectified in proceedings u/s 482 Cr.P.C. - Order of..........
Utilization of land for green belt -- Compensation - Land owned by Society was released for residential purpose which was utilized by authority to develop green belt - Strip of land developed as a green belt is a public amenity of which members of society are direct beneficiaries of green belt - Since development of green belt has taken place in conformity with Layout..........
Indian Penal Code, 1860, Section 302, 307, 34, 100 -- Murder - Right of private defence - Incident took place in front of house of appellant when PW2/injured eye witness was returning from Talab after washing his body - As appellants saw accused `D' being assaulted, they in exercise of their right of private defence assaulted PW2 and all others who intervened - Therefore,..........
