Negotiable Instruments Act, 1881, Section 143A -- Power to direct interim compensation - Petition filed against order allowing application under Section 143-A of the Act for paying interim compensation - Held, power conferred is discretionary - No issues to be examined by the Court while adjudicating upon an interim application - While depositing the amount no irreparable..........
Negotiable Instruments Act, 1881, Section 118, 138, 139 -- Dishonour of cheque - Conviction - Petitioner admitted that he had received a friendly loan, therefore apparently, there was a subsisting debt and liability - Moreover, once the signatures on the cheques have been admitted, the presumption envisaged under Section 118 of the Act arises that the cheque had been..........
Criminal Procedure Code, 1973, Section 482 -- Dismissing of application u/s 482 Cr.P.C. - Delay in FIR - Cognizance of offence and Examining witnesses - JMFC held that the case could be decided without collecting evidence from the police but single judge set aside the order as the matter should be investigated on deposition complainant - Especially in cases alleging sexual..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Firm not made an accused - Unless company or firm has committed the offence as a principal accused, persons mentioned in sub-section (1) or (2) would not be liable and convicted as vicariously liable - Conviction of partner of the firm set aside...........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Offence by Company - Vicarious liability arises only when Company or firm commits the offence as primary offender - Unless the company or firm commits the offence as a principal accused, persons mentioned in sub-section (1) or (2) would not be liable and convicted as vicariously liable...........
Indian Penal Code, 1860, Section 143, 147, 148, 427, 452, 302, 149, Explosive Substances Act, 1908, Section 3 -- Murder - Conviction - The High Court upheld the conviction of A2, A4, A5, A8, and A9 for offences under Sections 460, 148, 302 read with 149 IPC and Section 427 IPC and Section 3 of the Explosives Substances Act and allowed by overturning the acquittal qua A10..........
Bar Council of India Rules -- Training Rules - Challenged the validity of the Rule, prohibiting enrollment as an Advocate unless he/she is eligible to do so on having undergone training under the Rules - The Rules 47 to 49 of Part VI, Chapter II, Section VII of the BCI Rules stipulate that a person who was entitled to practice would not be engaged in any other employment..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c) -- Recovery of 24,000 bottles of Phensedyl cough syrup - Non-examination of I.O - Accused was the driver of vehicle from which a large quantity of contraband was seized - Customs officials intercepted the vehicle and found accused to be only person therein - Safe keeping of goods has been proved upon by..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - If he was not certain about the marriage, he is bound to disclose that fact to the woman - If such fact was not disclosed, consent may fall under the category of `misconception of fact' and the consent would be vitiated under Section 90 of the IPC - Misconception of fact to vitiate consent as referred under Section..........
Evidence Act, 1872, Section 114, Indian Penal Code, 1860, Section 376 -- Presumption - Rape - In order to give rise to the presumption under Section 114-A of Evidence Act, in context of prosecution on a promise to marry, the woman has to state in her evidence that the promise was false with necessary elements at the time of the sexual act or has to state that..........
