Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Requirement for at least stating that person who is responsible or in-charge for day-to-day conduct of business of company was also holding his office at relevant point of time when offence was committed - That part of averment whether person was holding office at time of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and issuance of process - Security cheque - Question whether issuance of cheque as a security cheque and whether at the time when cheque was presented for payment, it was not for discharge of any debt or any other liability cannot be determined either by trial Magistrate at the..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Application cannot be dismissed for the reason that no steps were taken before commencement of trial - 2016(2) ALT 248 followed wherein held that "No time limit could be fixed for filing application u/s 45 of the Act for sending the disputed signature or writing to the handwriting expert for comparison...........
Civil Procedure Code, 1908, Section 151 -- Reopening of plaintiff's evidence - Probate proceedings - Probate application is pending before trial Court since 2009 - Plaintiffs sought time on various occasions for leading their evidence and last opportunity was granted to plaintiffs to lead their evidence, however, plaintiff's right for leading their evidence was closed -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - No documentary proof was placed on record to show that accused is a handicapped person - Age of accused shown to be 55 years - Thus, accused was not even a senior citizen at the time of deciding of appeal - Leniency shown by Additional Sessions Judge thus, was wholly unwarranted - Accused did..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18, 24 -- Plea of juvenility - Rape case - Accused was a juvenile at the time of commission of offence - However, accused is now 41 years old and no purpose would be served by releasing him on probation of good conduct - At this stage there is no scope of any reformation of a person who is above the age..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration u/s 53-A of T.P Act and permanent injunction - Whether plaintiffs shall be entitled to any relief u/s 53-A of TPA or not has to be considered at the time of trial - But at this stage it cannot be said that suit for relief sought u/s 53-A of T.P. Act would not be maintainable at all..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Indian Penal Code, 1860, Section 420, 406, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to know about writing on cheque - Signatures admitted - Issue as to who filled up the cheque is to be examined at the time of final adjudication - Dismissal of application calls for no interference...........
Indian Penal Code, 1860, Section 375 -- Rape - Victim was minor at the time of incident and accused confessed that he lost control over himself and committed the offence - Medical report confirmed tenderness in vagina of victim which also revealed redness and ruptured hymen - In the absence of accused establishing any alternative reason for such fact, merely because victim..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Report - Objections - There is no provision in law for inviting objections to the report of Local Commissioner - Even, if any such objections are filed by either of parties, same can only be gone into after Local Commissioner has been cross-examined by Court U.O.26.R.10 CPC, that too along with other..........
