Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Liability of Director - On other elements of an offence u/s 138 of the Act being satisfied, burden is on Board of Directors or officers in charge of affairs of Company/partners of a firm to show that they were not liable to be convicted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Criminal liability and vicarious liability - Criminal liability is attracted only on those, who at the time of commission of offence, were in charge of and were responsible for conduct of business of the firm - But vicarious criminal liability can be inferred against the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Gravity and seriousness of offence is a relevant consideration for purpose of grant of bail - However, while granting bail to accused, High Court has not discussed the role attributed to accused and his overt act in commission of offence - Order granting bail set aside...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused allowed to exhibit his statement in evidence in the form of an affidavit - However, cross examination may be accordingly permitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Indian Penal Code, 1860, Section 341, 323, 427, 34 -- Offence u/s 3(2)(v) of SC/ST Act and Ss.341, 323, 427, 34 IPC - Compromise - Incident took place out of sudden scuffle between parties - Compromise executed between parties without any undue influence - FIR quashed in face of..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction solely on the basis of recovery of tangi - However, there was no forensic matching of blood stains found on tangi with blood of deceased - No witness pre or post occurrence indicating presence of accused at the place of occurrence at the time of incident - There are no other incriminating circumstances beyond..........
Evidence Act, 1872, Section 9 -- Test Identification parade (TIP) - TIP sought to be carried out by I.O after a period of 11 years and after registration of complaint, cannot be permitted, particularly when finger prints of accused were found to be not matching with that found at the scene of occurrence - Order allowing TIP set aside...........
Indian Penal Code, 1860, Section 376 -- Rape - Dying declaration of deceased recorded after 11 days - There are no signs of forcible sex with deceased - No medical evidence on record to corroborate that rape was committed on deceased - Offence u/s 376 IPC not made out...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death was caused by accused in unison and it was a homicidal death - Injuries were though sufficient in ordinary course of nature to have caused death, but accused had no intention to cause death of deceased - Accused liable to be convicted u/s 304(Part I) IPC...........
