Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant miserably failed to prove that cheque was issued against discharge of any enforceable debt or liability - Special leave to appeal against order of acquittal refused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued by a guarantor - A cheque issued by a guarantor is also a cheque as per S.138 of the Act as one being issued in discharge of legally enforceable debt - S.138 of the Act nowhere provides that cheque drawn should be in discharge of drawer's liability alone - It could be in discharge of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Payee is a person to whom or to whose order money is made payable by the instrument - Payee could be any person whom the drawer of cheque may, to his choice, refer to his banker, no matter drawer has not incurred any liability to the person named by him in the cheque - Provision of S.138 of the Act does..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction between complainant and DW2/husband of accused - Cheque issued by accused in discharge of DW2's liability to complainant - Liability of DW2 to complainant was at the most for an amount of Rs.30,000 - This is what was recorded in the agreement itself going by testimony of DW2, which fact..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque in question not issued towards any consideration or to clear of any debt or liability - Ingredients of offence u/s 138 of the Act are lacking - Proceedings quashed...........
Medical Negligence - - Vicarious liability of hospital for negligence act committed by doctors - A hospital is vicariously liable for the acts of negligence committed by the doctors engaged or empanelled to provide medical care...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant miserably failed to prove that cheque was issued in discharge of any enforceable debt or liability - Preponderance of probabilities lies completely in favour of accused - Further, case of complainant is required to rest on his own leg and same cannot be allowed to be bypassed in a casual and..........
Indian Penal Code, 1860, Section 420, 406, 34 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - When company is offender, vicarious liability of directors cannot be imputed automatically, in absence of any statutory provision to that effect...........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - There is no vicarious liability in criminal law upon directors of a company, when offence is committed by company - A director of a company can be made an accused along with company only if there is..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Petition by husband - Parties are not living separately on account of their own free will - It is husband, who refused to keep wife along with minor children with him - Husband never discharged his liability towards wife nor paid attention towards his children - No evidence on record..........
