Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Conviction - There is 3 months gap as to dates of cheque and to the date of presentation and the dates of events are inexplainable by complainant - Thus, accused established a probable defence and presumption u/ss 118, 139 of the Act stand rebutted - In absence of any other..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - General rule u/s 148 of the Act is of pre-deposit and waiver is only an exception for which special reasons need to be assigned...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - Plea of petitioners that their bank account statements and their concerns to support the contention that they are not financially capable to make pre-deposit - Plea held, not tenable as mere balance of bank account cannot..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - Plea of petitioner that he is neither a partner nor signatory to the cheque - Does not enhance the case for waiver of pre-deposit - No case is made out for waiver of pre-deposit - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Issuance of process - As per averments made in complaint, accused nos.2, 3 and 4 i.e. present petitioners were incharge and were responsible for day to day business of company - Thus, basic averments as provided u/s 141 of the Act has been pleaded by complainant - Trial Court..........
Forest (Conversation) Act, 1890, Section 2 -- Conservation of forest - Metro railway project - Such project has resulted in loss of vegetation as well as flora and fauna in certain areas - It is the responsibility of civil society to carry out reforestation activities to maintain balance - Directions issued...........
Indian Penal Code, 1860, Section 302, 449, 34 -- Murder of 8 persons - Death sentence - Mitigating circumstance - Possibility of reformation and rehabilitation of convict - Sentence of death is imposed by taking into account the brutality of crime - There is no reference to possibility of reformation of accused, nor has State procured any evidence to prove that there is no..........
Civil Procedure Code, 1908, Order 26, Rule 4A -- Appointment of Commissioner to record evidence of plaintiff - Plaintiff aged about 70 years is suffering from different co-morbidities - Plea that infirmity or sickness of said witness has not been pleaded and/or proved as such commission cannot be issued to record evidence of said witness, not tenable - Court below to avoid..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - FIR u/s 174-A IPC was registered in view of fact that accused was declared as proclaimed offender in proceeding u/s 138 of N.I. Act - Once main case u/s 138 of N.I Act was dismissed for want of prosecution,..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Bailable warrants - Two Directors of Company directed to appear in person or through video conferencing - One out of the two Directors was present and one Director did not remain present as such bailable warrants issued against him - However, he remained present through video conferencing - All throughout..........
