Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint u/s 138 of the Act - Limitation - As per complainant she fell ill so she could not file complaint within time - Even, complainant filed medical certificate alongwith complaint - As complaint has been filed after amendment of S.142 of the Act came into force, complaint held, not barred by..........
Criminal Procedure Code, 1973, Section 210 -- Complaint case and police investigation in respect of same offence - Procedure - It is mandatory for Magistrate to stay proceedings of enquiry or trial and call for a report on the matter from police officer conducting investigation...........
Criminal Procedure Code, 1973, Section 210 -- FIR and complaint in same offence - Summoning of petitioners - Allegations against petitioners are verbatim the same both in FIR and in complaint - Complainant when filed complaint before Magistrate there is no reference to FIR in body of complaint except one person is cited as a witness to place on record said FIR - Even,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376D, 506 -- Quashing of proceedings - Rape case - Prima facie case against accused is made out from perusal of allegations made in complaint and statement of complainant u/s 200 Cr.P.C and his witnesses u/s 202 Cr.P.C - Allegations levelled against accused can be adjudicated only after trial and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not arrayed as accused neither in notice nor in complaint - Complaint not maintainable - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for non-prosecution - On ground of absence of complainant and her advocate - Considering absence of advocate for complainant and complainant on some occasion as recorded in Rojkam, negligence is established on part of appellant - Therefore, cost awarded to respondents - Order of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Money lender - Proof of registration as money lender not required where money advanced is as a friendly loan and not in money lending business - Order dismissing complaint by holding that Money Lender Licence under Money Lenders Act is necessary for entering loan transaction set aside and matter..........
Consumer Protection Act, 1986, Section 12(1)(b) -- Consumer - Complaint - Locus standi - Complaint by a statutory body - Complainant neither a consumer nor `recognised consumer association' - Voluntary consumer association is a body formed by a group of persons coming together, of their own will and without any pressure or influence from anyone and without being mandated..........
Consumer Protection Act, 1986, Section 12(1)(b) -- Recognised consumer association - One complaint on behalf of its members having similar cause of action, can be filed...........
Consumer Protection Act, 1986, Section 12(1)(c) -- Joint complaint - Permission - Case admitted and notice issued - Though expressly it is not stated that permission is granted to file joint complaint but the fact that admission of complaint is recorded and notice was issued, permission is to be read as inherent in the order of admission - Commission thereafter ought not..........
