Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 25 -- Dowry death - Cruelty - Allegation against mother-in-law/A-2 - Confession of A-2 before police is not admissible in law - Reliance upon such confessional statement of A-2 for fastening criminal liability upon her by trial Court not sustainable - A-2 acquitted...........
Electricity -- Previous electricity dues of last owner - Liability of purchaser - Electricity dues where they are statutory in character under Electricity Act as per terms and conditions of supply cannot be waived in view of S.56 of Electricity Act and cannot partake character of dues of purely contractual nature...........
Electricity -- Previous electricity dues of last owner - Liability of purchaser - Property sold on `as is where is, whatever there is and without recourse basis' - Where in E-auction sale notice, existence of electricity dues whether quantified or not has been specifically mentioned as liability of purchaser and sale is on `as is where is, whatever there is and without..........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Allegation that complainant supplied goods to accused and accused failed to pay the amount for the same - However, there was a meditation between accused and his creditors in which on behalf of complainant, her husband participated and agreed to receive Rs.7,30,000 in full and final settlement of..........
Service -- Resignation - Non-payment of gratuity - Gratuity shall be payable if termination of employment is after 5 years of continuous service and such termination would include resignation as well - If gratuity amount not paid to respondent's husband, liability to pay same would subsist and respondent will be entitled to receive same in accordance with Payment of..........
Environment -- Expansion of industrial projects - Ex post facto environmental clearances (ECs) - Three industries in question failed to obtain their ECs - Functioning of these industries without a valid EC would have had an adverse impact on environment, ecology and biodiversity in the area where they are located - Even these three industries were not entitled to benefit..........
Indian Penal Code, 1860, Section 120B, 403, 409, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Offence by company - Prosecution of Managing Director - Quashing of proceedings - Allegations must be incorporated in the complaint referring to the specific instances of involvement of Managing Director in that capacity and the mode of involvement - Allegations levelled..........
Lease -- Taking on lease black listed rice mills - Allocation of paddy for custom milling cannot be claimed by it unless liability arising out of previous bilateral agreement is satisfied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea raised by accused that cheque was issued as security and not in discharge of legal liability - No agreement whatsoever produced by accused or his brother to show that complainant used to obtain cheques as security from the transporters, including them - This bald statement, instead of helping the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - S.139 of the Act is an example of reverse onus and therefore once an admission of issuance of cheque emanates from accused and signatures on cheques are admitted, there is always a presumption in favour of complainant that a legally..........
