Insolvency and Bankruptcy Code, 2016, Section 9, 62 -- Barred by limitation - There existed a `pre-existing dispute' between the parties there cannot be an order of remand of the matter to the Tribunal for reconsideration of Section 9 application under IBC - When the matter was remanded for consideration of the question of limitation afresh - Thus, the dismissal of the..........
Insolvency and Bankruptcy Code, 2016, Section 9, 62 -- Barred by limitation - There existed a `pre-existing dispute' between the parties there cannot be an order of remand of the matter to the Tribunal for reconsideration of Section 9 application under IBC - When the matter was remanded for consideration of the question of limitation afresh - Thus, the dismissal of the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability of 70% - Total compensation - Appellant comes from an economically weaker section of society - Taking into account the age of appellant and various heads under which he is entitled to compensation, just compensation of Rs.38,70,120/- along with 9% interest p.a from the date of making application is..........
Criminal Procedure Code, 1973, Section 319 -- Summons - Section 319 of Cr.P.C. indicates that the power bestowed on the court to summon any person who is not an accused in the case when in the course of the trial it appears from the evidence that such person has a role in committing the offense - Therefore, it would be open for the Court to summon such a person so that he..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Quashing of FIR - Offence u/s 376AB IPC, Ss.4, 6 POCSO Act, Ss.3(1)(w), 3(2)(v) SC & ST Act - Liability - The..........
Indian Penal Code, 1860, Section 302, 324, 149, 148, 147 -- Offence u/ss 302, 324, 149, 148 , 147 - Conviction - It can be held that the presence of the accused as a part of the unlawful assembly is sufficient for his conviction - Further, the non-applicability of Section 149 of IPC would not be a bar for convicting the accused/appellants if the evidence would disclose the..........
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...........
