Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Partnership firm not arraigned as an accused - However, partners of Firm arraigned as accused and notice was issued to them - Defect if any, is not significant or incurable in these circumstances - Moreover, cheque was issued in name of firm and signed by one of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Expression "company" is inclusive inasmuch as it includes a firm, meaning thereby a partnership firm, as per provisions of Partnership Act, as well as a limited liability partnership or other association of individuals - Hence, expression "director" in S.141(2) of the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Director, manager, secretary or other officer of company cannot be proceeded against per se by virtue of position they hold in company but can be proceeded against only when there is proof that offence u/s 138 of the Act was committed by company with their consent or connivance..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Second handwriting expert - Report of Forensic Expert on record and not set aside - Application dismissed by holding that there is no necessity to send signatures for comparison to another Forensic Expert - Order upheld...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of proceedings - Offence u/s 376 IPC is undoubtedly a grave and heinous nature - Ordinarily, quashing of proceedings involving such offences on the ground of settlement between parties is discouraged and should not be permitted lightly - However, power of Court..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 509, 506, 324, 323, 141, 143, 147, 149, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of two FIRs - Both parties have categorically taken the stand that they have resolved their disputes amicably and are desirous of moving on with their lives - Complainant in second FIR is now..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Delay in filing FIR - Accident occurred at 6 pm and murg report was on the same day - Mere fact that eye witness did not approach police cannot be a reason to find delay in FIR to be suspicious - FIR cannot be disbelieved especially as insurance company did not make any attempt to examine I.O. before..........
Indian Penal Code, 1860, Section 380, 457 -- Offence u/ss 380, 457 IPC - Reduction of sentence - Petitioner was convicted under offence in question for which no minimum punishment has been prescribed - He has already undergone a period of 2 months and 20 days in custody out of total sentence of 2 years - Petitioner has been suffering agony of trial for last more than 10..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Appeal dismissed on the ground of non prosecution and without giving proper opportunity of hearing to petitioner - Appellate Court has passed the order in a mechanical and cursory manner and without application of mind as no reasons or findings have been given in impugned..........
Constitution of India, 1950, Article 226 -- Writ petition - Writ Court cannot convert itself to an appellate or revisional forum - Scope of writ petition under Article 226 of the Constitution of India is limited and following are exception where writ petition can be entertained: (i) Where writ petition seeks enforcement of any of fundamental rights; (ii) Where there is..........
