Negotiable Instruments Act, 1881, Section 138, 141, Insolvency and Bankruptcy Code, 2016, Section 31, 32 -- Dishonour of cheque - Offence by Company - Proceedings under Insolvency Code - (a) After passing of the resolution plan u/s 31 of the IBC by the adjudicating authority & in the light of the provisions of S.32A of the IBC, the criminal proceedings u/s 138 of the NI..........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Decree for return of gold ornaments or its value - When Court directed to pay its present value in case ornaments are not returned, it only means that value at the time when failure to return gold ornaments occurs...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Generally appellate Court cannot set aside findings recorded by trial Court where findings are based on appreciation of oral evidence alone and it is a rule of prudence subject to known exceptions - However, it would not apply to a case at all where Trial Judge is a person different from..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent prohibitory injunction - Contention that Lower appellate Court has committed a manifest illegality in considering third case not pleaded by parties - However, lower appellate Court has taken into consideration oral evidence as well as circumstances in order to find out..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest pendente lite - Work contract as awarded to respondent completed on 30.8.1977 - However, respondent did not take any steps till 25.6.1989 for a period of 12 years to raise his claim - Very conduct of respondent for remaining silent for such a long period would disentitle him for interest..........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Post award interest - Phrase `unless the award otherwise directs" in S.31(7)(b) of the Act, only qualifies the rate of interest - According to S.31(7)(b), if arbitrator does not grant post award interest, the award holder is entitled to post-award interest at 18% - Arbitrator has discretion to..........
Protection of Children from Sexual Offences Act, 2012, Section 31 -- Bail - POCSO Act does not impose any special prohibition for grant of bail in offence committed under the Act...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Non-framing of points of determination - First appellate Court had not framed points for consideration as contemplated U.O.41.R.31 CPC - This lead to infirmity in judgment of first appellate Court - Judgment of first appellate Court set aside - Matter remanded back for fresh consideration...........
Specific Relief Act, 1963, Section 31 -- Cancellation of a document - When a document is valid, no question arises of its cancellation - However, when a document is void ab initio, a decree for setting aside same would not be necessary as the same is non-est in the eye of law, as it would be a nullity...........
Criminal Procedure Code, 1973, Section 31 -- Sentence - Conviction for two or more offences - High Court in revision maintained the conviction but found that order as to sentences to run consecutively not correct and ordered the sentences to run concurrently - Direction issued by High Court is in consonance with provision of S.31 Cr.P.C. which confer full discretion to..........
