Insolvency and Bankruptcy Code, 2016, Section 61 -- Appeal - Limitation - Commencement - Incident which triggers limitation to commence is date of pronouncement of order and in case of non-pronouncement of order when the hearing concludes, date on which order is pronounced or uploaded on website - However, where judgment was pronounced in open Court, period of limitation..........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 12 -- Arbitral award - Setting aside - Reckoning of period of limitation - While calculating limitation period of 3 months u/s 34(3) of Arbitration Act, day on which respondent received a signed copy of award must be excluded as per S.12(1) of Limitation Act - Since 3 months time expires..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Inquiry, trial or other proceedings in respect of a case u/s 138 of the Act can be held only by a Court within whose local jurisdiction the cheque is delivered for collection i.e. the branch of bank of payee where payee or holder in due course, as the case may be, maintains..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Provision contained in S.177 Cr.P.C. do not apply to cases under Negotiable Instruments Act while determining territorial jurisdiction of a Court, as S.142 of the Act begins with a non obstinate clause which uses the expression `only' meaning thereby only those Courts which..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Complainant presented cheque in his bank account which is beyond local territorial jurisdiction of trial Court - It is not a case where complainant had presented cheque for payment otherwise through an account, in that case even location of branch of drawee bank where drawer..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Court which lacks inherent jurisdiction to entertain a case cannot be vested with jurisdiction by consent of parties...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Complainant contended that petitioner by participating in the proceedings before trial Court and even negotiating settlement with complainant has acquiesced to jurisdiction and he cannot be permitted to challenge the jurisdiction of trial Court at this stage - Contention..........
Settlement deed -- Acceptance - Production of original gift deed in possession of plaintiff before Court is the vital evidence to prove acceptance...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 29 -- Bail - Contraband - Petitioner is behind the bars for last more than 5 months - Investigation is complete and final report u/s 173 Cr.P.C. was presented before concerned Court - Charges were framed and trial of case has not made much..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 420, 406, 120B -- Bail - Cheating - Case against petitioner is based on documentary evidence which is part of challan - There can be therefore no risk of petitioner tampering with the evidence - Moreover, charges have not yet been framed - Prosecution has cited 46 witnesses and will be..........
