Indian Penal Code, 1860, Section 182, 482 -- Quashing of Kalandra - In the private complaint filed by the petitioner, the accused have been summoned, though they were found innocent by the police in the FIR - Police submitted impugned Kalandra under Section 182 IPC against the petitioner for initiating proceedings against him for giving false information - Held that at..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Company - Complaint against company and its Directors - Specific averment has to be made in complaint that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company - This averment is an essential requirement of Section..........
Criminal Procedure Code, 1973, Section 197, 482 -- Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 32 - Penal Code, 1860, Sections 452, 500, 506, 148 r/w 149 - Summoning order - Quashing petition - Public servant - Sanction for prosecution - Loan - Default - Affixation of notice, demanding payment, on the house..........
Criminal Procedure Code, 1973, Section 357 -- Probation of Offenders Act, Section 4 - Indian Penal Code, 1860, Sections 324, 326 and 325 - Probation - Accused, four in number convicted under Sections 324, 326 and 325 IPC - Occurrence took place in the year 1993 - Both parties belonging to same village - No material to show that any of the petitioners indulged in any crime..........
Hindu Succession Act, 1956, Section 22 -- Preferential right to acquire property - Applicability to Agricultural Land - Suit for possession claiming pre-emptory right u/s 22 - Section 22 not applicable to agricultural land. Jaswant Singh's case 1970 PLJ 587 (DB) relied...........
Electricity Act, 1910, Section 50 -- Electricity theft - Institution of proceedings - Whether the proceedings instituted at the instance of proper person as prescribed in Section 50 of the Act is a question of fact - Onus lies on the prosecution - The said question would be determined by the trial Court during the course of trial - Contention that prosecution not launched..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Marine Insurance Act, 1963, Section 57 - Marine Hull Insurance Policy - Deep Sea Fishing Trawler - Actual Total Loss - Insurance claim - Repudiation - The vessel is damaged in such a way that it stranded in the sand in the beach so that it could not be moved out of it - It is damaged to such an extent that the..........
Industrial Disputes Act, 1947, Section 10 -- Reference - Declined to be made by appropriate Government - Appellant-management does not deny that the respondents were engaged through contractors at a time when the Notification dated 9.12.1976 was in force - Their contention is that the respondents were engaged as Supervisor and not as workman - The question whether the..........
Will -- Construction - Court has to attempt a harmonious construction so as to give effect to all the term of the Will if it is in any manner possible - Every effort must be made to harmonize the various clauses and if that is not possible, it will be last clause that will prevail over the former and giving way to the intention expressed therein. (Hindu Succession Act,..........
Hindu Succession Act, 1956, Section 14(1) -- Scope - For applicability of the provision of Section 14(1) of the Act, the property must be possessed by the female Hindu on the coming into force of the Hindu Succession Act...........
