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Indian Laws - Case Laws
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- 2021 (10) TMI 761 - HIMACHAL PRADESH HIGH COURT
Dishonor of Cheque - insufficiency of funds - existence of debt or not - onus to prove - rebuttal of presumption of innocence - HELD THAT:- It is clear that Sita Ram Verma was not authorized as per the resolution of the Board of Directors' of the Company nor he was a Principal Officer of the Company and his title to maintain the present complaint was to be considered vis-à-vis. his capacity to depose in the Court of law. Though, this Court may proceed with the presumption that he was having authority to proceed with the complaint as he was working with the Company. Whether the onus which shifted on the complainant that the cheque was not issued for consideration and it was only a security amount has been discharged? - HELD THAT:- The answer is that onus was not discharged as the Company which is supposed to maintain the account....... + More
- 2021 (10) TMI 760 - JHARKHAND HIGH COURT
Dishonor of Cheque - insufficiency of funds - condition precedent for constituting an offence under Section 138 of N.I. Act has been satisfied or not - service of legal notice - HELD THAT:- From the case records, it appears that the prosecution had exhibited the cheques and also proved the postal receipt and successfully proved that the cheques were issued by the petitioner, which had bounced due to insufficient funds. Service of legal notice - HELD THAT:- Neither any date of dispatch of the legal notice has been mentioned in the evidence, nor the legal notice has been exhibited, much less, any evidence or finding regarding service of legal notice/deemed service of legal notice is on record. This court is of the considered view that mere bouncing of the cheque coupled with a further statement that legal notice was issued but in-spite of i....... + More
- 2021 (10) TMI 759 - MADRAS HIGH COURT
Dishonor of Cheque - discharge of existing liability - sufficient averments present or not - Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- In the present case, both A2 and A3 are partners of A1/Firm. When a cheque is issued for a particular transaction on behalf of the Partnership Firm, then both have a co-existing liability with respect to ensuring that the cheque is honoured. If the cheque is dishonoured and the prosecution is launched, then both have a co-existing liability to face such prosecution unless the Partnership Deed specifically excludes a particular partner or includes a partner as a sleeping partner or a minor partner only for the benefit of the Partnership Firm. In all other circumstances, both partners sink together or survive together. With respect to the averments made, the respondent had specificall....... + More
- 2021 (10) TMI 758 - MADRAS HIGH COURT
Dishonor of Cheque - direct contractual or business relationship or transaction necessitating issuance of a cheque or not - Section 138 of Negotiable Instruments Act - HELD THAT:- In the instant case, the petitioner had not issued the cheque from an account in her name. She had issued the cheque from the account in the name of V.N. Krishnaswamy Naidu College of Arts and Science for Women, Mettupalayam. That institution has not been made as a party. The constitution of said institution is not known, but, still the cheque had been instituted by the petitioner in her capacity as Correspondent/Secretary of that institution. She had not issued the cheque in her personal capacity. The petitioner had not issued the cheque. She had signed the cheque only in her capacity as Correspondent/Secretary of a named college. The cheque had, obviously, bee....... + More
- 2021 (10) TMI 757 - HIMACHAL PRADESH HIGH COURT
Dishonor of Cheque - insufficiency of funds - failure to lead any evidence despite of opportunity provided - locus standi to file the complaint under Section 138 of NI Act - offence punishable under Section 138 of NI Act - HELD THAT:- This Court is convinced and satisfied that complainant successfully proved on record that cheque in question was issued by the accused for discharge of his lawful liability and such cheque on its presentation was dishonoured on account of insufficient funds. Evidence led on record clearly reveals that complainant after having received memo from the bank concerned advised accused by way of legal notice to make the payment good within the stipulated period, but since he failed to do so, complainant had no option, but to file/institute complaint under Section 138 of the Act. In the case at hand bare perusal of ....... + More
- 2021 (10) TMI 756 - HIMACHAL PRADESH HIGH COURT
Dishonor of Cheque - amicable settlement arrived or not - seeking exemption of compounding fee on the ground that due to poor financial condition, petitioner could not pay the amount well in time - HELD THAT:- After depositing compounding fee/cost, petitioner shall place a copy of receipt of deposit of compounding fee on record of this petition. In case of default in depositing compounding fee/cost with the H.P. State Legal Service Authority, Shimla within eight weeks from today, the judgments of conviction and sentence shall automatically revive. As an amount of ₹ 70,000/- has been deposited by the petitioner in the Registry of this High Court, therefore, Registry is directed to release the aforesaid amount in favour of complainant Subhadra Devi, along with interest, if any accrued thereon, without issuing notice to the accused-pet....... + More
- 2021 (10) TMI 755 - SUPREME COURT
Murder or death by falling in the well under the influence of liquor - giving threats for the offences under Sections 504 & 506 IPC - presumption of innocence - HELD THAT:- The order granting bail to the accused pending appeal lacks total clarity on which part of the judgment and order can be said to be submissions and which part can be said to be the findings/reasonings. It does not even reflect the submissions on behalf of the Public Prosecutor opposing the bail pending appeal. A detailed counter affidavit was filed on behalf of the State opposing the bail pending appeal which has not been even referred to by the High Court. The manner in which the High Court has disposed of the application under Section 389 Cr.P.C. and has disposed of the application for bail pending appeal cannot be approved. It is very unfortunate that by this ju....... + More
- 2021 (10) TMI 698 - CALCUTTA HIGH COURT
Removal of names of the petitioners from the list of wilful defaulters - whether the writ petitioners being the promoter / directors of a company as well as guarantors to the loan facility can be classified as wilful defaulters even after the company is absolved of its liability? - HELD THAT:- The Wilful Defaulters Review Committee in its meeting held on August 27, 2020, after considering the written representations submitted by the writ petitions and the department’s response thereto, passed an order that the promoters/ directors of TCL i.e. the petitioners herein are fit to be declared as wilful defaulters. It was specifically observed by the said Review Committee that despite the fact that operations of the committee were allowed through TRA account only, the borrower has routed substantial transactions through non TRA accounts w....... + More
- 2021 (10) TMI 692 - MADHYA PRADESH HIGH COURT
Dishonor of Cheque - insufficiency of funds - conviction and sentence recorded by the courts - compounding of offences - section 147 of the Negotiable Instruments Act - HELD THAT:- Reliance placed in the case of K.M. Ibrahim vs. K.P. Mohammed and Another [2009 (12) TMI 903 - SUPREME COURT] where it was held that It is true that the application under Section 147 of the Negotiable Instruments Act was made by the parties after the proceedings had been concluded before the Appellate Forum. However, Section 147 of the aforesaid Act does not bar the parties from compounding an offence under Section 138 even at the appellate stage of the proceedings. Accordingly, we find no reason to reject the application under Section 147 of the aforesaid Act even in a proceeding under Article 136 of the Constitution. Keeping in view that in the present case, ....... + More
- 2021 (10) TMI 691 - SUPREME COURT
Imposition of electricity duty and penalty on the electricity - Maintainability of petition - alternate statutory remedy under Section 9A of the Act, present or not - appropriate forum - High Court declined to entertain the writ petition instituted by the appellant on the ground that the dispute between the parties is factual in nature and is suitable for adjudication in terms of the statutory remedy provided in the Bihar Electricity Duty Act 1948, Bihar Electricity Act or the Act - whether dispute involves questions of fact which are not amenable to the writ jurisdiction of the High Court? HELD THAT:- While a High Court would normally not exercise its writ jurisdiction under Article 226 of the Constitution if an effective and efficacious alternate remedy is available, the existence of an alternate remedy does not by itself bar the High C....... + More
- 2021 (10) TMI 637 - CALCUTTA HIGH COURT
Cancellation of granted Interim Bail - the conditions of interim bail was fulfilled or not - non-appearance of petitioner on assigned date - jurisdiction to adjudicate the matter placed - issuance of Look Out Circular - HELD THAT:- Without giving notice to the petitioner, interim order should not have been cancelled to issue warrant of arrest on the prayer of the respondent nos.3 and 4 merely on the ground of non-appearance made on behalf of the petitioner on the assigned date. It is made hereby clear that the petitioner has a fundamental right of movement and right to life as enshrined in Article 19(1)(b) of the Constitution of India. Therefore, he has a right to travel beyond the territory of India as held by the Hon’ble Supreme Court in Maneka Gandhi vs. Union of India [1978 (1) TMI 161 - SUPREME COURT] and in case of Satwant Sin....... + More
- 2021 (10) TMI 582 - DELHI HIGH COURT
Seeking grant of Regular bail - Smuggling - contraband item - 4200 Tablets of Zolpidam (1.050 Kg) - 6000 Tablets of Alprazolam (1.200Kg) - offence under section 8(c) of NDPS Act, 1985, and punishable under section 22, 25 & 29 of NDPS Act - HELD THAT:- In the present case, there is a recovery of commercial quantity of medicines from co-accused Dipu Singh who is also found to be delivering the medicines illegally over the orders placed through the present petitioner/accused and both accused are found to be connected through WhatsApp chat messages as well as through mobile phones. The chat conversation between the petitioner/accused and Dipu Singh reveals that they were indulging in supply of the narcotic drugs. The conduct of petitioner/accused in destroying the SIM before being interrogated by the NCB officials points towards the guilt....... + More
- 2021 (10) TMI 581 - ALLAHABAD HIGH COURT
Dishonor of Cheque - adjudgement of testimonial worth of prosecution evidence - Existence of sufficient ground to proceed with the matter or not - HELD THAT:- The law regarding sufficiency of material which may justify the summoning of accused and also the court's decision to proceed against him in a given case is well settled. The court has to eschew itself from embarking upon a roving enquiry into the last details of the case. It is also not advisable to adjudge whether the case shall ultimately end in conviction or not. Only a prima facie satisfaction of the court about the existence of sufficient ground to proceed in the matter is required. It is directed that the accused may appear before the court below within a period of one month from today through the representing counsel and move an application seeking compounding of offence....... + More
- 2021 (10) TMI 527 - SUPREME COURT
Jurisdiction - power of National Green Tribunal (NGT) to exercise Suo Motu jurisdiction in discharge of its functions under the National Green Tribunal Act, 2010 - HELD THAT:- The NGT Act, when read as a whole, gives much leeway to the NGT to go beyond a mere adjudicatory role. The Parliament’s intention is clearly discernible to create a multifunctional body, with the capacity to provide redressal for environmental exigencies. Accordingly, the principles of environmental justice and environmental equity must be explicitly acknowledged as pivotal threads of the NGT’s fabric. The NGT must be seen as a sui generis institution and not unus multorum, and its special and exclusive role to foster public interest in the area of environmental domain delineated in the enactment of 2010 must necessarily receive legal recognition of this....... + More
- 2021 (10) TMI 526 - SUPREME COURT
Professional and/or other misconduct - removal of the name of the appellant from the membership of the respondentInstitute for a period of five years - wrong deposit of amount in local treasury unit of Income tax Department at Agra - further, allegation is that the appellant had interpolated assessees’ copies of challans to show higher figures and claimed the higher amount - HELD THAT:- The Institute of Chartered Accountants of India is a statutory body created by an Act of Parliament that is the Chartered Accountants Act, 1949. In accordance with Section 9 of the Act, the management of the affairs of the Institute are vested in the Central Council. The Council performs its function through three different standing committees constituted under Section 17 of the Act and various other committees. One of the standing committe....... + More
- 2021 (10) TMI 525 - KERALA HIGH COURT
Dishonor of Cheque - insufficiency of funds - misuse of cheque issued as security for older transaction - acquittal of the accused - rebuttal of statutory presumption under Section 139 of the Negotiable Instruments Act - legally enforceable debt or not - HELD THAT:- The fact that there was an earlier transaction in the year 1995 and that liability had been settled by repayment is a factor which would lend credence to the case of the 2nd respondent/accused that Ext.P1 cheque was one issued as security in the discharge of that liability and such cheque was misused by the appellant/complainant to make it appear that there was a subsequent transaction. In the totality of the facts and circumstance of this case, this Court should not interfere with the findings rendered by the trial court. The 2nd respondent/accused has succeeded in showing th....... + More
- 2021 (10) TMI 480 - SUPREME COURT
Requirement of pre-deposit - Direction to deposit 75% of the awarded amount in terms of Section 19 of Micro, Small and Medium Enterprises Development Act, 2006 - question of law or question of fact - HELD THAT:- On a plain/fair reading of Section 19 of the MSME Act, 2006 at the time/before entertaining the application for setting aside the award made under Section 34 of the Arbitration & Conciliation Act, the applicant/appellant has to deposit 75% of the amount in terms of the award as a pre-deposit. The requirement of deposit of 75% of the amount in terms of the award as a pre-deposit is mandatory. However, at the same time, considering the hardship which may be projected before the appellate court and if the appellate court is satisfied that there shall be undue hardship caused to the appellant/applicant to deposit 75% of the awarde....... + More
- 2021 (10) TMI 478 - SUPREME COURT
Jurisdiction of civil court to entertain the civil suit based on the Industrial Disputes Act, 1947 - termination of temporary employees - seeking execution of decree - HELD THAT:- In the present matter, the appellant has clearly founded his claim in the suit, on the provisions of the ID Act and the employer therefore is entitled to raise a jurisdictional objection to the proceedings before the civil court. The courts below including the executing court negated the jurisdictional objection. The High Court in Revision, however has overturned the lower court’s order and declared that the decree in favour of the plaintiff is hit by the principle of coram non judice and therefore, the same is a nullity. As can be seen from the material on record, the challenge to the termination was founded on the provisions of the ID Act. Although juris....... + More
- 2021 (10) TMI 431 - SUPREME COURT
Dishonor of Cheque - funds insufficient - vicarious liability of Directors, who are not signatories to the cheques - whether the role of the appellants in the capacity of the Director of the defaulter company makes them vicariously liable for the activities of the defaulter Company as defined under Section 141 of the NI Act? - offence chargeable under Section 138 of the NI Act? HELD THAT:- So far as Directors who are not the signatories to the cheques or who are not Managing Directors or Joint Managing Directors are concerned, it is clear that it is necessary to aver in the complaint filed under Section 138 read with Section 141 of the NI Act that at the relevant time when the offence was committed, the Directors were in charge of and were responsible for the conduct of the business of the company. In the case on hand, reading the complai....... + More
- 2021 (10) TMI 378 - SUPREME COURT
Dishonor of Cheque - on the basis of compromise deed relief granted to accused - violation of terms of settlement agreement - jurisdiction under Section 482 CrPC to quash the prosecution on the basis of the deed of compromise which has not been implemented due to the default of the accused - existence of liability or not - cheques were issued as and by way of security are matters for trial - legally enforceable debt or not - embargo under Section 138 of the NI Act on parallel proceedings for distinct offences involving the dishonor of cheques or not - whether parallel prosecutions arising from a single transaction under Section 138 of the NI Act can be sustained? HELD THAT:- In this case, a set of cheques were dishonoured, leading to filing of the first complaint under Section 138 of the NI Act. The parties thereafter entered into a deed ....... + More
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