Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay of 9 days in filing complaint - Petitioners who is authorised signatory of company, could not file complaint within stipulated time, as he had to go out of station, during which period, he also suffered from jaundice and said factors ought to have been considered by trial..........
Arms Act, 1959, Section 27 -- Offence u/s 27 of the Act - `Unlawful purpose' of using arms and ammunitions is no longer inseparable component of delinquency - Accused admittedly a police official at time of incidence and arms and ammunitions used for commission of offence were placed in his possession under sanction accorded by Competent Authority - Accused being in..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Vehicle - Deficiency in service by dealer or authorised Centre - Liability of manufacturer - If there is any deficiency in service by dealer or authorised Centre in rendering assistance for repairs of the vehicle, manufacturer of vehicle cannot be held liable, when there is no material that accident occurred as a result of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by company - Managing Director filed complaint on behalf of company - Authorisation of Managing Director to file complaint - Copy of authorisation - Not required to be signed by Board Members - It is wrongly concluded that Managing Director was not authorised...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company - Managing Director filed complaint on behalf of company - Authorisation of Managing Director to file complaint - It states that legal action has to be taken against accused for dishonour of cheque issued by him to discharge his liabilities and he is authorised to appoint..........
Prevention of Corruption Act, 1988, Section 17 -- Delegation by SP upon his junior to investigate - It is required to be noted that on a plain reading of the second proviso to S.3, only two requirements are required to be satisfied, namely, (i) authorisation in writing by an officer of the Vigilance Organisation not below the rank of Assistant Superintendent of Police to..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Issuance of process - Quashing of said order - Petitioner contended that the company has not been joined as party in the complaint - Plea not accepted as perusal of complaint shows that name of company is shown as accused no.1 - Moreover, it is director and the authorised..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - To claim benefit of S.167(2) Cr.P.C. detention of accused in custody has to be authorised by Magistrate - Once the authorisation by Magistrate is declared illegal consequently rendering the detention itself illegal, then such period of detention cannot be construed to be an authorised custody within the..........
Govt.Land/Panchayat land -- Un-authorised occupation - Regularisation - Persons in illegal occupation of Government Land/Panchayat land cannot as a matter of right claim regularisation - Regularisation of illegal occupation of Government land/Panchayat land can only be as per policy of State Government and conditions stipulated in Rules - If it is found that conditions..........
Govt.Land/Panchayat land -- Un-authorised occupation - Regularisation - Policy formulated by State Government specifically contained a stipulation to the effect that illegal/un-authorised occupation up to a maximum of 200 square yards only can be sold on regularisation and on fulfillment of other condition mentioned in policy - Petitioners are found to be in illegal..........
