Insolvency and Bankruptcy Code, 2016, Section 7 -- Corporate Insolvency Resolution Process (CIRP) - Once NCLT is satisfied that default has occurred, there is hardly a discretion left with NCLT to refuse admission of application u/s 7 of the Code...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Corporate Insolvency Resolution Process (CIRP) - Non-payment of a part of debt when it becomes due and payable will amount to default on the part of a Corporate debtor - In such a case, an order of admission u/s 7 of Code must follow...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Trial Court has discretionary power to order maintenance from date of order if there are circumstances and reasons for doing the same...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Dispute regarding ownership of land - Delay of 60 years in initiating the dispute which is not explained - Criminal case is lodged only after failure to obtain relief in civil suits coupled with denial of relief in interim therein - Resort to criminal case is only with ulterior motive for oblique reasons and..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of proceedings u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all..........
Indian Penal Code, 1860, Section 304(PartII), 323 -- Offence u/ss 304 Part-II IPC - Reduction of sentence - Accused inflicted injury on victim from backside of an axe - Dispute arose on a very trivial issue of distribution of wheat seeds that too in a spur of moment and without premeditation - No criminal antecedents against accused - Accused has faced the rigour of trial..........
Indian Penal Code, 1860, Section 329 -- Offence u/s 329 IPC - Reduction of sentence - Incident is of the year 2014 - Dispute arose on a very trivial issue of raising demand of money for purchase of liquor that too in the spur of moment and without any pre-meditation - Accused inflicted the injury on victim from wooden stick, which means that he did not want to kill the..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Eviction petition - Documents sought to be produced on behalf of tenant were not completely alien to controversy - Tenant is yet to begin his evidence - No substantial prejudice shall be caused to other side in case the documents sought to be produced by tenant are allowed to be placed on record..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - Where proposed amendment of pleadings amounts to only a different or an additional approach to same facts, such an amendment would be allowed even after expiry of statutory period of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - There is no absolute rule that in every case where relief is barred because of limitation, amendment should not be allowed - It is always open to Court to allow an amendment if it is of the view that allowing of an amendment shall really sub-serve the ultimate cause of justice..........
