Employee's State Insurance Act, 1948, Section 2(12) -- `Factory' - For holding an establishment to be a `factory' it must first be established that some work or process is carried on in any part of the establishment that amounts to `manufacturing process' as defined under section 2(k) of the Factories Act, 1948 - In case the number of persons employed in the establishment..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence - Proceedings before the executing court - Additional evidence necessary for proper adjudication of controversy - Additional evidence disallowed on the ground that provisions relating to additional evidence deleted through amendment - Held, Court in exercise of inherent powers under Section..........
Negotiable Instruments Act, 1881, Section 141(2) -- Vicarious liability - Officer of a company - Not liable to be prosecuted by virtue of his office - Can be prosecuted only u/s 141(2) of the Act - Mechanical reproduction of S.141(1) is not sufficient - It is required that there should be necessary averments in the complaint as to how and in what manner the accused was..........
Prevention of Food Adulteration Act, 1954, Section 10(7) -- Sample of milk drawn - Efforts made to join independent witnesses - None came forward - Sufficient compliance of Section 10(7) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 20(a) -- Prosecution allegations that cannabis plants weighing 220 kg. found in field - Sample set to office of Chemical Analysis of lesser quantity - Whole property not produced before trial court - Inventory of seized articles as provided under Section 52-A of Act not prepared - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque signed by husband as authorized agent of wife - Cheque drawn on an account maintained by wife in the name of proprietary concern run by her - Held, husband cannot be held guilty for dishonor of cheque - To fasten liability under Section 138 of the Act, cheque must be issued by a person who has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Jurisdiction - Cheque presented at Srinagar - Bank memo regarding non encashment received at Srinagar - Notice issued at Srinagar - Offence under Section 138 of the act consists of various acts like drawing of cheque, presentation of cheque to the bank, returning of cheque unpaid by drawee bank, giving..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Omission to mention section - Discharge - Held, mere omission of relevant section in sanction order would not vitiate proceeding, but sanction order on face of it, needs to reflect basic facts constituting offence and those facts must be placed before sanctioning authority for its consideration to..........
Contempt of Courts Act, 1971, Section 2(c), 11, 12 -- Criminal contempt - Deliberate and willful hindrance against production of records before a court of law, in order to stall the just and appropriate decision in a case, tantamounts to interfering with the due course of judicial proceedings as well as causing obstruction in the administration of justice - Such an act..........
Industrial Disputes Act, 1947, Section 2(oo)(c) -- Termination - Expression 'continued ill health' - It would mean that the disease affecting the body of the workman as such an effect that its results in continued ill - health over a period of time and which also affect the normal discharge of duties, then and only then, a workman can be said to be suffering from continued..........
