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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(D), 377, 342, 323, 506, 34, Information Technology Act, 2000, Section 66D -- Bail - Gang rape - FIR in question lodged by complainant is 6th in line and after that her son also lodged FIR against accused - However, accused is granted bail in almost in all the matters - There is indeed a..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Quashing of proceedings - Question of lack of jurisdiction and delay in submitting complaint has to be agitated in the trial Court - Filing of complaint in Court at place `L' does not appear to be wrong or erroneous - It does not come out..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Death of complainant - Complaint does not survive since defamation is a personal injury and with death of complainant, no cause of action survives to any other person, may be legal heir of complainant - Complaint dismissed...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation that accused uttered defamatory and derogatory statements against Chief Minister of State which injured her credit and reputation in minds of public at large - However, statements are political digs taken by one party against other party in a political battlefield and it is not against any individual in..........
