Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of execution of sentence - Order to deposit 20% of compensation amount - Accused facing financial difficulty is not a ground sufficient enough for carving out an exception from mandate of S.148 of the Act...........
Insolvency and Bankruptcy Code, 2016, Section 60(5) -- Jurisdiction of NCLT - Attachment of property under Benami Transactions Act - Legality and validity of order of attachment under Benami Transactions Act cannot be challenged by NCLT invoking S.60(5) of the Act...........
Constitution of India, 1950, Article 226 -- Writ petition - Once High Court, upon application of mind, declines to entertain a writ petition in exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available but such remedy has not been pursued by petitioner, proceedings do not survive and must draw to an end..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Executing Court instead of examining whether there was willful disobedience of decree and whether remedial measures U.O.21.R.32(5) CPC were warranted dismissed execution petition on the ground that no specific date of dispossession was disclosed and that photographic evidence was..........
Service -- Termination - Appellants were terminated because institution in which they had studied was declared to be unrecognized - They cannot be said to be at fault as they had studied in the University, which has been set up under the 2002 Act enacted by the State Legislature - Appellants should not be deprived of the benefits of the degree obtained by them while..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Second motion not made within 18 months of filing of first motion - However, first motion was not withdrawn in the meanwhile - Parties are still in agreement regarding them wanting to honorably part ways and move ahead with their lives - Provision of S.13-B(2) of the Act is directory and not mandatory..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount - Petitioner has placed on record material indicating circumstances beyond his control which ex facie render him unable to deposit 20% of compensation amount, particularly in view of his advanced age and medical condition, duly..........
Essential Commodities Act, 1955, Section 3, 7 -- Offence u/ss 3, 7 of the Act - In the absence of any subsisting statutory order u/s 3 of the Act, on the date of alleged occurrence, conviction u/s 7 of the Act thereof is legally impermissible...........
Essential Commodities Act, 1955, Section 3, 7 -- Offence u/ss 3, 7 of the Act - Prosecution has failed to place on record any subsisting control order, notification or statutory restriction in force on the relevant date, violation of which could constitute an offence u/s 3 of the Act - Conviction and sentence, set aside...........
Armed service -- Compensation for disablement - Brain stroke caused to appellant on account of continuous smoking - Tribunal has taken note of Regulation 173 of Pension Regulations for the Army, 1961 and paragraph 6 of the Guide to Medical Officers, 2002 which would indicate that "compensation cannot be awarded for any disablement or death arising from intemperance in the..........
