Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Statement of complainant recorded to the effect that matter has been compromised - Thereafter complainant stated that there was no compromise and accused is yet to make the payment as per compromise - Complainant cannot be permitted to back out from mutual settlement - If any of the parties..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, 27A, 20, 60, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Contraband - Contraband recovered falls in the category of Commercial Quantity which attracts S.37 of NDPS Act - However, petitioner has undergone actual custody for a period of more than three years and challan in the case..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - College cannot be equated to a Company or a partnership firm in order to hold Principal of college, who is authorised signatory of cheque, vicariously liable on behalf of collage...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Concept of vicarious liability as contemplated u/s 141 of the Act, cannot be imported in cases which does not fall within ambit of Company or a partnership Firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by A-1/principal of college, in the capacity of authorised signatory - A-1 did not give the cheque in his individual capacity towards the debt or liability that was owned by A-1 towards the complainant - Liability in question was only liability of college and its management and not of A-1..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A-2 was the Managing Trustee of college and based on agreement entered into complainant had undertaken the construction activity and as a result an amount became payable to complainant - A-2 having been shown as managing trustee must be held responsible for settling debt/liability incurred to..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signature - Application for comparison of signatures at the instance of accused when case is fixed for complainants evidence is not maintainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Question as to non-compliance of mandatory provisions of NDPS Act and other lacunas in the investigation have direct bearing on the merits of case, which cannot be looked into at this stage while deciding a bail petition filed u/s 439 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Recovery of 260 grms of heroin effected from him and 500 grms of opium was also recovered from dashboard of car - Quantity of recovered contraband falls under commercial quantity - Rigors of S.37 of NDPS Act would certainly be..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Borrowing of amount by defendant is clearly narrated by PW2/scribe of suit promissory note, in his evidence - Plaintiff issued a legal notice to defendant, but he did not choose to give any reply by denying suit promissory note - Defendant is unable to show any reason or circumstance to disbelieve the..........
