Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant and accused have arrived at a compromise by filing application u/s 147 of the Act r/w S.320 Cr.P.C. - Therefore, it is deemed appropriate to state that when matter has ended in compromise, it is not proper for continuity of appeal and even at the stage of admission -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant enjoys presumption available to him u/s 118 & 139 of the Act as per issuance of cheque and signature found on the cheque - In order to rebut presumption, in evidence of accused there is no cogent and convincing evidence on record to rebut presumption available to complainant - Trial Court..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Contempt jurisdiction is always discretionary which should be exercised sparingly and with circumspection...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Non payment of misappropriated money - Report of ADG CID - Same not disputed - Opportunity to file objections to the report not granted - Non objection to the report does not mean that liability to pay the amount is admitted - Moreover, even assuming that in the judgment there is a direction to pay money but..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Advertisement was telecast in three television channels despite injunction order - Response of television channels that advertisement was telecast on few days due to technical error - Act of appellant was not intentional or deliberate to flout injunction order - Unconditional apology..........
Indian Penal Code, 1860, Section 153A, 294(b) -- Whatsapp group - Offensive message posted in the group by a member - Whatsapp group administrator cannot be held vicariously liable for an act of member of group, if he played the role of a group administrator alone and nothing else...........
Arbitration and Conciliation Act, 1996, Section 34 -- Scope - When order is passed without recourse to arbitration and in utter disregard to provisions of the Act, S.34 of the Act will not apply...........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(3) -- Conciliation proceedings - Where appellant had not submitted its reply at conciliation stage and failed to appear, Facilitation Council can at best record failure of conciliation and proceed to initiate arbitration proceedings in accordance with relevant provisions of Arbitration and Conciliation..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(3) -- Conciliation proceedings - Appellant failed to appear in proceedings for conciliation on very first date of appearance - As per S.18(3) of the Act, when conciliation fails and stand terminated, dispute between parties can be resolved by arbitration - Facilitation Council did not initiate arbitration..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27, 29, 30, 54, 59, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Double murder case - Allegation against petitioner is that his gun was used by his son in murder of two girls - Son of petitioner is in custody -..........
