Civil Procedure Code, 1908, Order 29, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 15 -- Suit by company - Plaint was signed and verified by authorized representative of Company - Board's resolution was there on record - Compliance as mandated U.O.6.R.15 r/w O.29.R.1 CPC is clearly made out...........
Civil Procedure Code, 1908, Order 18, Rule 5 -- Examination-in-chief of PW1 through affidavit - PW1 was cross-examined - Compliance of O.18.R.5 CPC was made wherein after recording on oath PW1 had proved paper which was authorized letter for instituting suit - Statement of PW1 in evidence thus, cannot be disbelieved as contended by defendant...........
Prevention of Corruption Act, 1988, Section 17, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 409, 468, 471 -- Person authorized to investigate - Offence u/ss 13(2), 13(1)(d) of P.C. Act and Ss. 420, 409, 468, 471 IPC - Applicant is not a public servant - There is no pleadings with regard to prejudice caused to him or miscarriage of justice on account of enquiry..........
Indian Penal Code, 1860, Section 499 -- Eighth Exception - Defamation - Accusation preferred in good faith to authorized person - Does not amount to defamation...........
Indian Penal Code, 1860, Section 499 -- Eighth Exception - Defamation - Accusation preferred in good faith to authorized person - Complaint against incumbent Village Officer filed by petitioner to Tehsildar, who is Administrative Superior of such Officer, would certainly be protected by S.499 Eighth Exception IPC - Private complaint against petitioner and order taking..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(1) -- Eviction petition - Brother claiming rent on basis of money spent by him for construction over demised premises - Failure of brother to produce any agreement showing that he was authorized to collect rent on his own - Tenant paying rent to sister of petitioner - In absence any wilful default on..........
Drugs and Cosmetics Act, 1940, Section 32, Drugs and Cosmetics Rules, 1945, Rule 51, 52, Criminal Procedure Code, 1973, Section 193, 200, 202 -- Complaint u/s 32 of Act of 1940 - When complaint u/s 32 is filed either by the Inspector or by the Authorized Gazetted Officer being public servants u/s 200, the Magistrate is exempted from examining the complainant and witnesses...........
Criminal Procedure Code, 1973, Section 273 -- Recording of evidence in presence of accused - Non-compliance of - Murder case - PWs were examined in absence of accused and on those dates no specific reasoned order was passed by Trial Court for the same - Pleader of accused not gave any version or statement that he was authorized by accused to examine witnesses in his..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Petitioners are neither Managing Directors nor Authorized Signatories of accused company - No specific role has been attributed to petitioners, except for general allegation stating that petitioners were responsible for control and management and day to day affairs of accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant was contesting its case with due diligence and in fact trial was almost complete, as case was at final stage - Magistrate was not justified in dismissing complaint in default for..........
