Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Director - Quashing of proceedings - High Court while entertaining a petition for quashing shall not consider defence of accused or conduct a roving inquiry in respect to merits of accusations but if documents filed by accused are..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Testimony of PW5 - Post occurrence disclosure by PW5 regarding role of accused in hiding dead body at his residence not corroborated by any evidence on record - 2/3 days after registration of FIR, PW5 appears to have disclosed such fact to police - Evidence of PW5 is woefully vague and his conduct is so unnatural that..........
Stamp Act, 1899, Section 40 -- Insufficiently stamped document - Imposition of 10 times penalty by Collector - Not the case of Collector that conduct of appellant was dishonest or contumacious - Reason given that there was intention to evade stamp duty in describing the document as Deed of Assent - It is not a case of imposition of extreme penalty of ten times of..........
Arbitration and Conciliation Act, 1996, Section 49, 47 -- Enforcement of Foreign award - Conflict with public policy of India - Appellants not made out as to how award is in conflict with basic notions of justice or in violation of substantive public policy of India - Even, they failed to made out a case of violation of procedural due process in conduct of arbitral..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Eviction petition - Non-payment of rent - Wilful default - Notice before filing a petition for eviction on ground of willful default is not mandatory - Landlord can file a petition for eviction u/s 10(2)(1) of the Act directly without giving notice - However, when landlord issues a notice under..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - For conduct of TIP, it is not necessary for accused to be in custody for exercise...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Anticipatory bail - Offence u/s 363 IPC and Ss.7, 8 of POCSO Act - Alleged victim who claims to be girlfriend of accused has not made any allegation of kidnapping against him - There are also no ingredients of Ss.7, 8 of..........
Contempt of Courts Act, 1971, Section 12, 13(a) -- Contempt of Court - Contemnor, a lawyer of 35 years of standing, found guilty of making derogatory statements/tweets against Judiciary and Chief Justices of India - No remorse expressed or apology submitted inspite of several opportunities granted - Cognizance of such conduct if not taken, it would give wrong message to..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Probation on good conduct - Offence u/ss 279, 304-A, 337, 338 IPC - Accused first time offender - Incident seems to have been taken place 14 years ago - No useful purpose would be served to send accused to jail to serve out remaining sentence after considering provisions of..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Oral and documentary evidence adduced by landlord successfully proved that a legal notice u/s 106 of the Act was sent to defendant by registered post demanding arrears of rent and termination of tenancy which was refused by tenant - Even, record of trial Court reveals that tenant not only..........
