Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Offence by Company - Vicarious liability arises only when Company or firm commits the offence as primary offender - Unless the company or firm commits the offence as a principal accused, persons mentioned in sub-section (1) or (2) would not be liable and convicted as vicariously liable...........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Offence by Company - Vicarious liability in criminal law in terms of S.141 of the Act, cannot be fastened because of civil liability...........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Onus u/s 141(2) of the Act is on the prosecution and not on person being prosecuted...........
Court Fees Act, 1870, Section 7(ivA) -- (as applicable in State of UP) - Ad valorem Court fee - Suit for declaration that Will is null and void along with consequential relief of permanent injunction - Will is related to movable and immovable properties of testator - Suit has to be valued only on the face value of such a Will till it was declared void by Court and was to..........
Indian Penal Code, 1860, Section 304, 323, 452 -- Offence u/ss 304, 323, 452 IPC - Non-production of articles recovered by I.O during investigation and non-examination of them by FSL does not create any doubt in prosecution case, as case is based not only on direct evidence but also on evidence of injured witness...........
Indian Penal Code, 1860, Section 304, 323, 452 -- Offence u/ss 304, 323, 452 IPC - Non-disclosure of source of light in FIR or in site plan, does not doubt prosecution case, particularly when accused was a neighbourer and the incident took place in the house of PW3...........
Indian Penal Code, 1860, Section 304, 323, 452 -- Offence u/ss 304, 323, 452 IPC - Accused first hit PW3 and when his wife came to rescue him, she was also hit on her head by lathi which became fatal to her - Cause of death is coma as a result of ante mortem injuries - Lathi was taken into custody but never produced before Court - Blood stained clothes which I.O took into..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Bail - Rape - Cancellation of bail - Conduct of accused during bail has evoked a bona fide fear in the mind of complainant that she would not get a free and fair trial if he remains enlarged on bail and there is a likelihood of his influencing the material witnesses - Order..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Cheque pertain to year 2011 for a sum totalling Rs.2,24,996/- - Accused willing to make payment of Rs.Four lakhs which payment after ten years is inadequate - Court declined to exercise its discretion to close the proceedings, particularly when complainant is not willing to consent to..........
