Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence u/s 138 of the Act is committed at the time of dishonour of cheque by bank from which the cheque is drawn...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Company officials concerned can be arrayed as accused in a complaint only if such person was in charge of and responsible for conduct of business of company at the time of offence was committed...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Leave to defend - Agreement to sell - Defendant forfeited advance money, as time limit stipulated and agreed by parties was not adhered to - However, it is evident that time was never essence of agreement - Even otherwise, earnest money cannot be forfeited in entirety unless loss is pleaded - As per law only 5% to 10% of..........
Limitation Act, 1963, Section 14 -- Exclusion of time - Pre-requisites of S.14 of the Act are : (i) due diligence; (ii) good faith coupled with defect of jurisdiction with respect to same subject matter in issue...........
Limitation Act, 1963, Section 14 -- Exclusion of time - Expression "prosecuting with due diligence and in good faith" - Not confined only to time in which execution proceedings was initiated or time in which execution petition was filed/Civil proceedings were initiated - In order to get benefit of S.14 of the Act, party who claims benefit should show and satisfy that he..........
Limitation Act, 1963, Section 14 -- Exclusion of time - Burden of showing presence of element of "due diligence" and "in good faith" is on the party claiming exclusion of time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of three bags containing 106.500 gms poppy husk - Form No.29 was not prepared on the spot and was admittedly filled in after delay of 2 days, which has been not explained by prosecution - Prosecution failed to prove that sample of contraband as examined by FSL was same which was recovered from..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 342, 149, 384, 511, 506 -- Anticipatory bail - Offence u/ss 341, 342, 149, 384, 511, 506 IPC - Specific allegations against petitioner that he organizing Dharnas/Demonstrations etc. outside the school premises regarding hike of fee structure - Various other educational institutions have..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At time of framing of charge, entire evidence and materials not required to be screened but Court to judicially consider question of doing so - Court while framing charge, is under obligation to fully advert to materials available on record and not to blindly adopt decision of prosecution...........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Death of plaintiff during pendency of appeal - Question of substitution of LRs of deceased and abatement of suit/appeal for want of consequential steps has to be decided by that very Court where at the time of death of such party lis was pending...........
