Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Impleadment of firm as accused - Cheque drawn on the account of firm - Complainant failed to issue notice to firm as contemplated u/s 138(b) Proviso of the Act - Since no notice was issued against firm within time prescribed, complainant has no sufficient cause for invoking..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Directors - Petitioners are neither signatory of cheque nor in any way responsible for issuance of cheque - Vaguely stated in complaint that petitioners are directors and responsible for day to day affairs of company - Without any specific role attributed to each of the petitioners in the..........
Specific Relief Act, 1963, Section 38 -- Injunction - Suit for specific performance and injunction - Restraining defendants from operating factory - Defendant's control and possession over factory admitted in plaint - In a suit for specific performance of this nature, where defendant's ownership, possession and control over factory are admitted, there was thus, no scope to..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Nothing on record showing that there is moral, physical or psychological danger to juvenile, if he is released, nor there was any possibility..........
Insolvency and Bankruptcy Code, 2016, Section 14, 7 -- Moratorium imposed u/s 14 of IBC - Management of affairs of Corporate Debtor vest in Interim Resolution professional - However, sum of Rs.32.50 lakhs has been remitted into account of Company after order u/s 14 of IBC was passed and without authority from Resolution Professional - Case of company that it had business..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 106 -- Murder - Accused-husband being unhappy with deceased-wife hatched conspiracy with his brother and father, eventually murdering deceased - Accused-brother in law of husband who was escorting deceased from her parental home was last person seen in her company - Burden to prove the guilt is always..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - Tenants have not produced any material to show that premises was let out to electronic security systems - Rather landlord has produced rent deed to prove that separate portions were let out to petitioners herein, who are two brothers - Hence, even if rent has been paid for..........
Indian Penal Code, 1860, Section 279, Consumer Protection Act, 1986, Section 12, Motor Vehicles Act, 1988, Section 185, 147, 203, 204, 205 -- Accident - Drunken driving - Liability of Insurance Company - Driver and co-passenger proved to be under influence of alcohol - Aggravates possibility of rash and negligent driving - Insurance company is entitled to invoke exclusion..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Cruelty - Death within two months of marriage in matrimonial home - Deceased committed suicide soon after her brother had left house - Cause of death was asphyxia due to hanging - There is cogent and convincing evidence to show that deceased was not in company of her husband or her brother-in-law just before the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact i.e whether petitioner was Director or Authorized Signatory of accused company or petitioner's employment with accused/company was confined to maintenance of accounts, whether or not cheque in question was..........
