Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Father of prosecutrix prior to lodging FIR lodged complaint with SDM in which allegation of rape was not made by him - He stated in said complaint that since accused refused to marry his daughter, life of her daughter is spoiled - Prosecutrix was 26 years old..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Cheque issued by Director and Executive Director of company - Company was not arraigned as a party and only individuals are arraigned as party - No statutory notice was issued as against petitioner - Petitioner was implicated by filing a petition u/s 319 Cr.P.C and same was..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Trailer/trolley attached with a tractor is part of tractor and tractor is duly insured with Insurance company then it cannot escape liability to pay compensation by taking a plea that trailer was not separately insured...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 203 -- Dishonour of cheque - Issuance of process - Quashing of order - Offence by company - If a director wants process to be quashed on ground of vague averments or on ground that he is independent director appointed as per second proviso to S.141 of the Act, such a director is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove even a single document so as to satisfy the Court that any loan agreement entered into between company and accused - Even in affidavits given by Company`s authorized witnesses, there is no reference of any loan agreement - Complaint did not reflect as to..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Court not at all impressed by the grounds set forth by plaintiff for restoration of suit - Delay in filing application not sufficient explained - However, since plaintiff is a Govt. company and that restoration of suit will not automatically amount to passing of a decree so as to..........
Indian Penal Code, 1860, Section 420, 406, 34 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - When company is offender, vicarious liability of directors cannot be imputed automatically, in absence of any statutory provision to that effect...........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - There is no vicarious liability in criminal law upon directors of a company, when offence is committed by company - A director of a company can be made an accused along with company only if there is..........
Indian Penal Code, 1860, Section 420, 467, 470, 471 -- Cheating - Quashing of FIR - Dispute relates to claim of title of land - Allegation that accused forged documents i.e MOU and SPA with fraudulent motive to transfer property belonging to respondent company - Ex facie allegations do not disclose commission of a criminal offence - Company if required and necessary can..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Delay in lodging FIR - FIR registered after 17 days in spite of ascertain that broken number plate was found on the next day itself - Even, no reasonable explanation is coming forward for said delay - Moreover, it is known fact that there is a rise in such like cases, wherein the vehicle is involved only to get..........
