Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Complainant is expected to allege that persons named in the complaint are in-charge of affairs of Company - It is only Directors of Company or Partners of Firm who will have special knowledge of role that they play in Company - Burden would be on Board of Directors..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Contents of notice, reply given by noticee and contents of complaint would form an important part of arranging accused into proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Complainant produced certain documents before Court in terms of Ss.7(1)(c), 168, 170(2) of Companies Act, which depict petitioners to be whole time Directors and promoters of Company - Said documents would become circumstance enough for petitioners to be hauled into..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Quashing of FIR - Offence u/s 376AB IPC, Ss.4, 6 POCSO Act, Ss.3(1)(w), 3(2)(v) SC & ST Act - Liability - The..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of Supreme Court Directions - Despite authoritative pronouncements and directions issued by Supreme Court copy of statement recorded u/s 164 Cr.P.C. applied for and furnished to accused - Supreme Court observed that no action for contempt jurisdiction is required to be initiated - However, Supreme..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Full address of accused not mentioned in postal receipt - However, correct address of accused mentioned in the complaint and notice of demand - It cannot be presumed that notice was sent at the wrong address - Notice whether received by accused can be determined during trial - Complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Presumption of receipt of notice by drawer of cheque can be raised only if notice has been despatched through registered post to his correct address - Such inference cannot be drawn if notice has been sent on incorrect address of drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Seven cheques alleged to be issued but in the summoning order four other cheques included - In the summoning order it is mentioned that one memo was issued by bank for all the seven cheques whereas seven different memos of dishonour had been issued by the bank - Magistrate while..........
Rent and Eviction -- Bona fide requirement - Landlord required premises to set up business for his children - Eldest son of landlord still studying - There is no bar for someone who is pursuing higher studies, to start business - Order of eviction passed by Appellate Authority restored...........
Rent and Eviction -- Rate of rent - Purchase of building by appellant not disputed - Erstwhile landlord issued a letter of attornment of tenancy indicating rent of Rs.3200/- p.m. addressed to tenant with a copy marked to the appellant - High Court held that this letter of attornment of tenancy was not sufficient to prove the monthly rent to be Rs.3200/- - Held, High Court..........
