Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Call girl - Respondents No.2 & 3 shouted at the deceased girl calling her a call girl - Deceased committed suicide on the next day - There is no abetment - Suicide committed by victim cannot be said to be the result of any action on part of respondents nor can it be said that commission of suicide by the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Matter compromised in Lok Adalat during pendency of appeal - Cheque, issued in pursuance of such compromise, dishonoured - Complaint filed u/s 138 of the Act - Settlement of matter in Lok Adalat was in acknowledgment of liability of accused to complainant - Dishonour of cheque gave raise to..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar to subsequent suit - Agreement to Sell - Suit for specific performance - Since agreement to sell was admitted and delivery of possession was also willingly given, therefore the suit for permanent injunction was not available at that point of time especially in view of the fact that the trial court has taken..........
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, Section 50, 51, 59 -- Order of imposition of taxes - High restraining action against assesse pursuant to said order on ground of retrospective application of the Act - Penal provisions u/ss.50, 51 of the Act would come into play only when an assessee has failed to take benefit of S.59 of..........
Registration Act, 1908, Section 69 -- Criminal proceeding - Power to direct for criminal proceeding - Respondent no.2 has only invoked powers conferred on him vide circular and there is no challenge to the validity of the said circular which was issued by Inspector General of Registration pursuant to statutory power conferred on him u/s 69 of the Act - Action of respondent..........
Transfer of Property Act, 1882, Section 40 -- Right of pre-emption - Action u/s 40 of the Act cannot be maintained against a transferee for consideration without notice of existing pre-emption right...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Land in dispute is same in both previous and subsequent suit - Cause of action is also same - Previous suit was dismissed after taking evidence U.O.9.R.8 CPC, therefore, second suit is not tenable and plaint liable be rejected - Plaint rejected...........
Companies Act, 1956, Section 433(e), 434 -- Winding up petition - Limitation - Trigger point for purpose of limitation for filing of a winding up petition u/s 433(e) of the Act would be date of default in payment of debt in any of three situations mentioned in S.434 of the Act - Contention rejected, that cause of action for purposes of limitation would include commercial..........
Companies Act, 1956, Section 434(1)(a) -- Winding up petition - Limitation - Suit for recovery based upon a cause of action that is within limitation cannot in any manner impact separate and independent remedy of a winding up proceeding...........
Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Withdrawal of suit - In earlier lis between parties, High Court permitted to withdraw suit with liberty to file fresh suit on same cause of action - Limitation law is not affected by the first suit...........
