Indian Penal Code, 1860, Section 500, 501, 502 -- Defamation - Complaint against Managing Director of company and others - Managing Director is not vicariously liable for the acts of the employees of the company - He cannot be prosecuted in the absence of specific allegations as to how is personally liable or individually responsible for such publication - Absence of such..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is well qualified and working in a private company is not in dispute - No evidence on record that wife has ample means to maintain herself - Though wife is educated but no evidence on record that she was having an employment - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 245(2), Indian Penal Code, 1860, Section 420, 120B -- Discharge - Cheating - Offence against company - Petitioner does not represent accused/company in any capacity and has no nexus with its administration, control and functioning - Whether a prima facie case has been made out against accused company in the complaint itself is beyond..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Necessary averments in the complaint that accused were director of company and they were in charge and responsible for conduct of business and even cheque was issued by A-2 - It is not necessary that in averments of complaint particular terminology that `person accused was in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque alleged to be issued for repayment of loan - However, accused contended that he had not taken any loan as alleged and that blank cheque signed by him was given by way of security which has been misused by complainant company - When accused pleaded that cheque was given..........
Arbitration and Conciliation Act, 1996, Section 12(5) -- Appointment of arbitrator - Challenge as to - Principal Secretary of State Government is ineligible to be appointed as an arbitrator, since he would have a controlling influence on Appellant Company being a nodal agency of State - Substitute arbitrator appointed as agreed between parties...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation that wife left his company for about 5 years back and has never tried to return to her marital house to join company of husband - However, ingredients of animus deserendi on the part of wife are not proved - Rather it was husband who failed to bring her back to marital..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Investigation of case is complete and supplementary charge sheet is also filed - Accused in custody for over 2 years - Assets of accused are attached and his passport is stated to be with complainant company - No public money is involved in the case - Bail granted on terms and conditions to the satisfaction of trial..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Demand of outstanding loan amount from deceased by employee of Financial Company, during course of employment on duty, cannot be said to be any intention to aid or to instigate or to abet deceased to commit suicide - FIR quashed...........
Companies Act, 2013, Section 434(1)(c), Companies (Court) Rules, 1959, Rule 26, Companies (Transfer of Pending Proceedings) Rules, 2016, Rule 5, 6 -- Transfer of winding up proceedings pending in High Court to (NCLT) Tribunal - Liquidator has taken possession and control of registered office of appellant company and its factory premises, records and books - However, no..........
