Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Notice returned for reason that addressee not found cannot be held against respondent - Thus, contention of accused that complainant has not complied mandatory requirement contemplated u/s 138(b) of the Act held, not tenable...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Offence by company - When cheques were issued on behalf of company, without arraying company as accused, proceedings cannot be initiated against accused in their individual capacity - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 436, 323, 324, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(V) -- Bail - Murder - Accused along with co-accused set on fire hutment of complainant resulting into death of 7 years daughter of complainant - He being in knowledge that..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Accused declared proclaimed offender - Matter compromised in proceedings u/s 138 of Act of 1881 - Complaint was withdrawn - Once the case has been withdrawn then continuance of prosecution in FIR u/s 174-A of IPC would be..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94(ii) -- Plea of juvenility - Murder case - Age of accused was found to be 20 years at the time of commission of offence as per ossification test - Documents placed on record by accused was irregular, unreliable, flimsy and..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Rape - Doctor could not trace of spermatozoa and therefore no injury marks were found on body of prosecutrix - She further testified that prosecutrix had not been subjected to any forcible sexual harassment or intercourse - Prosecutrix was..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once issuance of cheque and signatures thereupon are not denied, presumption starts in favour of holder of cheque and once such presumption starts, onus shifts upon person issuing cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Complainant has successfully proved by leading cogent and convincing evidence that accused issued cheque in question in discharge of his lawful liability, but the same came to be dishonoured - Since despite issuance of legal notice accused failed to make good the payment,..........
Land Acquisition Act, 1894, Section 17(4) -- Acquisition of land - Invocation of urgency clause - When a challenge is made to invocation of power u/s 17(4) of the Act, applicant cannot succeed on bare and bald assertions - On the other hand, existence of exceptional circumstances justifying invoking of S.17(4) of the Act must be established in the wake of a challenge...........
Land Acquisition Act, 1894, Section 17(4), 4, 6, 5A -- Acquisition of land - Invocation of urgency clause - Land required for residential cum commercial scheme - Declaration u/s 6 of the Act was issued only on eve of expiry of one year from date on which notification u/ss 4, 17 of the Act was issued - File does not reveal any urgency at all associated with the need to..........
