Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - At the stage of issuance of process, statutory presumption u/s 139 of the Act cannot be dislodged in a summary manner merely by contending that cheque issued was not for any legally enforceable debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once basic ingredients of S.138 of the Act are duly satisfied by complainant, rebuttal of statutory presumption by drawer can only be made during course of trial...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When basic ingredients of S.138 of the Act stand duly satisfied and statutory presumption u/s 139 of the Act gets triggered, coming to a conclusion that cheque was not issued for a legally enforceable debt at pre-trial stage itself without granting an opportunity to complainant to..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Delay in lodging FIR - Father of victim child is himself a member of police force - That being so, delay in lodging of FIR assumes greater importance - There is no explanation as to why police complaint was not lodged for nearly a day after alleged incident cannot be ignored - Delay, fatal..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Discrepancies in statements of crucial witnesses PW1 and PW2 - Refusal of medical examination of victim child also gains significance - Victim specifically stated that appellant had brushed his leg against hers but during her deposition before trial Court, 8 months later she failed to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - Matter was fixed for evidence - Nothing on record to suggest that complainant had persistently defaulted, abused process of law or exhibited any intention to abandon prosecution - In such circumstances, one..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration and permanent injunction to get mortgage deed cancelled - Plaintiff being executant of mortgage deed which is sought to be annulled, would be required to pay ad valorem Court fee...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Signing of Board Resolutions by a Director of Company - This does not mean that each and every member of Board of Directors is aware of all decisions taken in everyday transactions that are involved in running a business concern - Such Director is not liable for..........
Arms Act, 1959, Section 17(3) -- Arms licence - Cancellation of - Merely on account of pendency of a criminal case fire arm's license cannot be cancelled...........
Arms Act, 1959, Section 17(3) -- Arms licence - Cancellation of - Mere on account of FIR where evidently fire arm was never used and there are no allegations of misuse of fire arms, license could not have been cancelled...........
