Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Concept of vicarious liability as contemplated u/s 141 of the Act, cannot be imported in cases which does not fall within ambit of Company or a partnership Firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by A-1/principal of college, in the capacity of authorised signatory - A-1 did not give the cheque in his individual capacity towards the debt or liability that was owned by A-1 towards the complainant - Liability in question was only liability of college and its management and not of A-1..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A-2 was the Managing Trustee of college and based on agreement entered into complainant had undertaken the construction activity and as a result an amount became payable to complainant - A-2 having been shown as managing trustee must be held responsible for settling debt/liability incurred to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Generic and vague allegations levelled by husband - Court below has not erred in negating plea of cruelty in absence of any date and occurrence specification and in absence of any evidence led either by husband or his mother to establish any specific act of cruelty either mental or..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Period of desertion must be continuous for more than two years before filing divorce petition - Since, divorce petition filed within two years of desertion, same may not entitle husband to seek dissolution of marriage - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Ground of irretrievable break down of marriage is not a statutory ground to dissolve a Hindu marriage...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - In the absence of element of cruelty and desertion established as may entitle husband to a decree of divorce, that relief may not be granted solely on the strength of ground of irretrievable breakdown of marriage, as said ground is not a statutory ground but a ground referable to a..........
Criminal Procedure Code, 1973, Section 167(2)(a)(i), Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, 27 -- Default bail - Murder - Non-filing of ballistic report along with charge sheet - Neither amounts to filing of incomplete charge sheet nor fatal to prosecution case if ocular testimony is found to be credible and cogent - Application rightly..........
Contempt of Courts Act, 1971, Section 19 -- Appeal - Dismissal of contempt application - Single Judge while dismissing contempt application has not gone into merits of the matter - Appeal u/s 19 of the Act held, not maintainable - Remedy available to respondent was to challenge the order of Single Judge by way of special leave petition...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Demand and acceptance - Presumption - S.20 of the Act would come into operation only when there is no nexus between the demand and the action performed or sought to be performed - But, when the fact of receipt of payment or an agreement to receive the gratification stands proved,..........
