Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Provision contained in S.177 Cr.P.C. do not apply to cases under Negotiable Instruments Act while determining territorial jurisdiction of a Court, as S.142 of the Act begins with a non obstinate clause which uses the expression `only' meaning thereby only those Courts which..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7(3), Limitation Act, 1963, Section 18 -- Applicability - Licence - Question raised that in reply to the show cause notice under section 7(3) of the PP Act, no objection regarding the plea of limitation had been taken - The lessor as such would be entitled to the benefit of extension of limitation..........
Evidence Act, 1872, Section 45, Industrial Disputes Act, 1947, Section 25D, 25F, 25G -- Expert opinion - Industrial dispute - Case of the petitioner before the Tribunal that his services were taken by the respondents under different names and different signatures were taken from him on the payment vouchers - Where there is even slightest of doubt in the mind of the Judge,..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of accused - High Court in exercise of its revisional jurisdiction set aside the order of the Trial Court rejecting the second application under Section 319 of the CrPC and directed the Trial Court to reconsider the application under Section 319 - Court was conscious that the trial had concluded, yet to do substantial..........
Factories Act, 1948, Section 2, 92, Goa Factories Rules, 1985, Rule 3 -- Quashing of process - The activity carried out which on facts is not disputed is clearly covered by the definition of "manufacturing process" under Section 2(k) which, in turn, would bring the premises in question of the respondent under the definition of "factory" under Section 2(m) - If that were..........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 302, 201, 34, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442 -- Bail - It is well-settled that bail is the rule, and jail is the exception - When a revision application challenging the order of discharge is admitted for hearing, the High Court may exercise power under Section 390..........
Constitution of India, 1950, Article 14, Advocates Act, 1961, Section 16, Supreme Court Rules, 2013, Order 4, Rule 2 -- Classification of Advocates - Designation - Designation as a Senior Advocate cannot remain the monopoly of the Advocates practicing in High Courts and this Court - If the designations are conferred only to the Advocates practicing in High Courts and this..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Quashing chargesheet - Appellant along with her family did not attempt to put any pressure on the deceased to end the relationship between her and Babu Das - In fact, it was the deceased's family that was unhappy with the relationship - Even if the Appellant expressed her disapproval towards the marriage of..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 323, 294, 500, 504, 506 -- Registration of FIR - Offence u/ss 323, 294, 500, 504, 506 IPC - Whenever any application is filed by the complainant before the Court of Judicial Magistrate seeking police investigation under Section 156(3) of the Cr.P.C., it is the duty of the concerned Magistrate..........
Indian Penal Code, 1860, Section 294 -- Mere abusive, humiliating or defamatory words by themselves are not sufficient to attract the offence under Section 294 of the IPC...........
