Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Accused Nos.2 & 3 are whole-time Director and Executive Director of company and they were in charge of day to day affairs of Company - There are specific averments in the complaint for issuance of summons against said accused persons - Complaint makes out a case against accused..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Vicarious liability - It is evident from record that present petitioner is director and share-holder of company and company runs business of giving software solutions to its customers - Apart from this, company..........
Indian Penal Code, 1860, Section 395, 376, 323, 450, 149, 147 -- Dacoity - Rape of three women belonging to same house - Reduction of sentence - Held, keeping in view the gravity and nature of allegations leveled against accused in as much as they are alleged to have committed dacoity in the residential premises of complainant during night time and in this process also..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of documents - Objection - Merely because objection has not been taken to the exhibition of documents at the time of cross-examination, party cannot be prevented to take the objection later on...........
Criminal Procedure Code, 1973, Section 482 -- Imposition of costs - Publicity interest litigation filed in garb of PIL - Such type of publicity interest litigation should be discouraged which result in wastage of valuable time of Court - Petitioner directed to pay costs of Rs.10,000/-...........
Criminal Procedure Code, 1973, Section 154 -- FIR - No duration of time can be fixed as reasonable for giving information of crime to police - Question of reasonable time is a matter of determination by Court in each case...........
Indian Penal Code, 1860, Section 302, 323, 325, 149 -- Murder - Unlawful assembly - Common object - Testimony of injured and eye witnesses - Several assailants were involved in the crime - All of a sudden they came and entered into the house of complainant armed with various weapons, inflicted injuries to several persons including deceased in quick succession in a time..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - As per S.139 of the Act there is presumption in favour of holder of cheque - As per S.118 of the Act there is presumption relating to (a) Consideration; (b) Date; (c) Time of acceptance; (d) Time of transfer; (e) Order of endorsement; (f) As to stamps; (g) Holder is a holder in due course...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations of cruelty without specific particulars with regard to time, date and manner of committing cruelty cannot form cruelty in strict sense...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Rent and eviction - Delay in deposit of arrears of rent - Condonation of delay - Rent Controller has power and discretion to allow more time than granted to deposit arrears of rent with interest and costs - Contention that Rent Controller has no power is rejected...........
