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Indian Laws - Case Laws
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- 2019 (10) TMI 883
Suit for recovery along with pendente lite and future interest and costs against the Defendants - stocking and retail sale of alcoholic beverages from its outlets at Gurgaon - Whether Mr. Satish Chandra Pandey is duly authorised to sign, file and institute the present suit on behalf of the plaintiff company? - HELD THAT:- Since the resolution of the Board has been proved by producing the original minute book, mere absence of seal/signature over the same makes it immaterial. Significantly, pursuant to the specific authorization to Mr. Satish Chandra Pandey, the Plaintiff Company has consistently participated in the present proceedings and this leaves no room for doubt that the authorization was valid. The prosecution of the suit is itself ratification of the authorization given by the Board - It is established that the suit was validly ins....... + More
- 2019 (10) TMI 879
Refuse to grant bail - Section 120B IPC read with Section 420 IPC, Section 8 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 - alleged irregularities in Foreign Investment Promotion Board (FIPB) clearance given to the INX Media for receiving foreign investment to the tune of ₹ 305 crores against approved inflow of ₹ 4.62 crores. When other factors i.e. “flight risk” and “tampering with evidence” are held in favour of the appellant, whether the High Court was justified in declining regular bail to the appellant on the apprehension that there is possibility that the appellant might influence the witnesses? HELD THAT:- The jurisdiction to grant bail has to be exercised on the basis of the well-settled principles having regard to the facts and circumstances of each cas....... + More
- 2019 (10) TMI 806
Service of notice - Dishonor of Cheque - offence punishable under Section 138 of N.I.Act - whether the cause of action has arisen as the notice sent by the respondent/accused to the accused/applicant was returned due to his unavailability? - HELD THAT:- Admittedly, the notice under Section 138 of N.I. Act was sent to the applicant/accused through registered post on his correct address. It is well settled that once notice has been sent by registered post with acknowledgment, it must be presumed that the service is made effective. In the case of V. Raja Kumari vs P. Subbarama Naidu & Anr, [2004 (11) TMI 515 - SUPREME COURT], the Hon'ble Apex Court has held that statutory notice under Section 138 of the Act sent to the correct address of the drawer has been served has to be decided during trial and the complaint ought not to be dismi....... + More
- 2019 (10) TMI 805
Recovery of unpaid loan amount - account of the petitioner was declared as “Non Performing Assets” - SARFAESI Act - HELD THAT:- The petitioner has already filed an appeal under Section 17 of the Act before the Debts Recovery Tribunal. Meanwhile, a recovery citation dated 06.08.2019 has been issued by the Tehsildar, Haridwar against the petitioner, which the petitioner has now challenged before this Court - In view of this Court, the same is liable to be challenged by the petitioner before the Debts Recovery Tribunal itself and nothing can be done by this Court in the writ petition. Petition dismissed.
- 2019 (10) TMI 767
Dishonor of Cheque - HC quashed the complaint - offences under Sections 417, 418, 420, 422 and 120(B) read with Section 34 of IPC - HELD THAT:- It is fairly well settled that power under Section 482 Cr.P.C. is to be exercised sparingly when the case is not made out for the offences alleged on the reading of the complaint itself or in cases where such complaint is filed by way of abuse of the process. Whether any Schedules were appended to the agreement or not, a finding is required to be recorded after full fledged trial. Further, as the contract is for the purpose of procuring the land, as such the same is of civil nature, as held by the High Court, is also no ground for quashing. Though the contract is of civil nature, if there is an element of cheating and fraud it is always open for a party in a contract, to prosecute the other side f....... + More
- 2019 (10) TMI 765
Seeking information under RTI in relation to an income tax assessee - pending complaint or not - details and status of the action taken by your department in respect of the complaint - HELD THAT:- The Additional Director, Income Tax (Investigation) to whom the original application under the RTI Act was addressed to is exempted from the provisions of the income tax. It is manifest that what the petitioner is seeking essentially pertains to the details of personal tax record of income tax assessee - Though, learned counsel for the petitioner in a very innocuous manner stated that he only seeks to know the steps taken by the respondent pursuant to the complaint but this plea, in my opinion, is an indirect attempt to try to seek personal information from the respondent regarding tax records of Sh.Nautiyal. - This detail the petitioner cannot get. There is no infirmity in the impugned order. Petition dismissed.
- 2019 (10) TMI 674
Termination of contract - non-performance of the contract - It was the specific case on behalf of the original claimants that the termination was absolutely illegal and not being in according with the terms of the contract - HELD THAT:- On appreciation of evidence and considering the various clauses of the contract, the learned Arbitral Tribunal has observed and held by giving cogent reasons that the termination of the contract was illegal and contrary to the terms of the contract and without following due procedure as required under the relevant clauses of the contract. The said finding of fact recorded by the learned Arbitral Tribunal is on appreciation of evidence. The said finding of fact has been confirmed in the proceedings under Sections 34 and 37 of the Arbitration Act. Thus, there are concurrent findings of fact recorded by the l....... + More
- 2019 (10) TMI 673
Sealing of premises - Whether the Respondent is entitled to refund of the licence fee and the differential amount for the period during which the unit was sealed? - HELD THAT:- The Respondent is entitled for refund of licence fee and the differential amount. The High Court failed to notice that there is no prior adjudication in favour of the Respondent and the Respondent was given an opportunity to show cause as to why the premises should not be sealed. After considering the explanation submitted by the Respondent, the penalty was imposed on the Respondent and due to the failure of the payment of the amount of penalty, the premises were sealed. Appeal disposed off.
- 2019 (10) TMI 574
Dishonor of cheque - repayment of loan not made - present petition has been filed on the ground that the petitioner and respondent no.2/complainant has settled their disputes and pursuant to the settlement, the petitioner has paid an amount of ₹3 lacs which has been accepted by respondent no.2/complainant without any protest - HELD THAT:- Keeping in view the settlement arrived at between the parties and the poor financial condition of the petitioner, I hereby allow the present petition. As per the guidelines enshrined in decision rendered in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], the petitioners are required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Delhi Legal Services Authority, Patiala House Courts Complex, New Delhi.
- 2019 (10) TMI 362
Dishonor of Cheque - Non-existence of bank account - offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - petitioners submit that in the instant case their bank account had closed in the year 2017 and they had informed the respondent of the same and in as much as there was no cheque drawn by the petitioner on an account maintained by them, the complaint of the respondent is not maintainable. HELD THAT:- The aspect of the closure of the bank account of the petitioner prior to the issuance of the cheque, is a matter which cannot be determined without trial and thus, it is held that there is no infirmity in the impugned order dated 01.05.2019 of the learned MM-04, (NI Act) NDD/PHC, New Delhi District in CC No.6337/2019, whereby the cognizance of the alleged commission of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 has been taken only against the petitioner no.2 herein. Petition dismissed.
- 2019 (10) TMI 361
Dishonor of Cheques - offence punishable under Section 138 of the said Act - bailable warrant against the applicant - applicant has signed the cheques and he is working in the capacity of managing director - liability against the company - HELD THAT:- In the present case, the applicant tried to place reliance on the ratio laid down by the Delhi High Court in the case of DSC Ltd. (supra) however, in that case the company was arraigned as party Respondent and Managing Director was not made separate party. In the fact of that case the Delhi High Court held that, on said technical defect complaint cannot be quashed. It is true that in the present case the subject cheque is signed by the applicant, however in the capacity of a Managing Director of the NHA Investment Consultancy Pvt. Ltd. Therefore, it is imperative on the part of the complaina....... + More
- 2019 (10) TMI 299
Dishonour of cheque - Service of statutory demand notice - Whether service of statutory demand notice as contemplated under Section 138(b) of the Negotiable Instruments Act, 1881, on the drawer of the cheque can be held invalid on the ground that the office copy of the said notice filed by the complainant alongwith the complaint under Section 138 of the N.I.Act’, does not bear the signature either of the counsel, who sent the said notice or of the drawee of the cheque? HELD THAT:- The Honourable Apex Court [2012 (12) TMI 154 - SUPREME COURT] has held that the complaint under Section 138 of the N.I.Act, without signature can be maintained when such a complaint is verified by the complainant and the Process is issued by the Magistrate after due verification It is quite obvious that only after noticing that the office copy filed alognw....... + More
- 2019 (10) TMI 223
Dishonor of Cheque - insufficiency of funds - offence punishable under Section 138 of the Negotiable Instruments Act - rebuttal of presumption - HELD THAT:- In the case at hand, accused has been not able to rebut the statutory presumptions under Section 118 and 139 of the Act in favour of the holder of the cheque i.e. complainant and as such, there appears to be no illegality or infirmity in the judgments/order of conviction and sentence passed by the learned Courts below - All the ingredients of S.138 of the Act stand duly proved in the case at hand, as such, this Court finds no occasion to interfere with the judgments/order of conviction and sentence recorded by learned Courts below, as such, same deserve to be upheld. The petition at hand is dismissed being devoid of merit.
- 2019 (10) TMI 220
Maintainability of petition - availability of alternate remedy of appeal - Payment of balance One Time Settlement (OTS) amount - grant of 6 months time to pay balance OTS amount from the date of disposal of the writ petition - SARFAESI Act - HELD THAT:- The recovery proceedings is initiated under SARFAESI Act. The SARFAESI Act provides for alternative remedy under Section 17 of the SARFAESI Act. Since, the petitioner has alternate remedy available under the Statue, it may not be appropriate for this Court to entertain the writ petition. But, it is not total bar to entertain the writ petition, when the petitioner makes out extraordinary ground. In the case on hand, no extraordinary ground is made out to entertain the writ petition except saying that if petitioner is granted some time he would make payment. The petitioner has not complied w....... + More
- 2019 (10) TMI 218
Whether not the claim in the suit, insofar as of declaration, is barred by the Prohibition of Benami Property Transactions Act, 1988? HELD THAT:- From the tenor of the plaint it appears that when the plaintiff claims to be doing everything, he would certainly know whether his wife was an income tax assessee or not and as to how the property was dealt with in the income tax returns of the plaintiff and the defendant. It also needs adjudication, whether without saying the property is being held benami by an individual in the income tax returns, a plea of benami can be entertained - Though the senior counsel for the plaintiff has also contended that the defendant, on the basis of the plaintiff also being a 50% owner of the property, be at least restrained from dealing with the property but till there is a proper plaint before this Court and ....... + More
- 2019 (10) TMI 159
Dishonor of Cheque - insufficiency of funds - offence punishable under Section 138 of the Negotiable Instruments Act - legally enforceable debt or liability or not - HELD THAT:- The cheques issued by the Petitioner in favour of the complainant have been presented by the complainant in his bank within a period of six months. On their presentation, the same were dishonoured on account of stoppage of payment. Thereafter the complainant issued demand notice to the Petitioner, however, the Petitioner fails to make the payment of the said amount to the complainant. Therefore there is a compliance of mandate of Section 138 of the Negotiable Instruments Act by the Complainant. Whether there is legally enforceable debt existed as asserted by the complainant, and the cheques in question were issued in discharge of the said liability/debt? - HELD TH....... + More
- 2019 (10) TMI 36
Admissibility of criminal applications - Dishonor of Cheque - offence punishable under Section 138 r/w 141 of the Negotiable Instruments Act, 1881 - Vicarious Liability of Directors - resignation of directors - section 168 of Companies Act - HELD THAT:- Section 168 would make it abundantly clear that, the Director who wish to resign from his office, he / she has to give notice in writing to the company and the board shall on receipt of such notice, take note of the same and company shall intimate the Registrar in such manner, within such time and in such form as may be prescribed and shall also place fact of such resignation in the report of the directors laid in the immediately following general meeting of the company. In the present case, applicants have placed on record the copies of their letters addressed to the board of directors Ha....... + More
- 2019 (10) TMI 9
Smuggling - Charas - offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Disbelieving the testimony of the witness - the register of the Hotel where the witness stayed had not been produced - presumption under section 35 and 54 of NDPS Act - HELD THAT:- After careful appreciation of the entire evidence, application of law and judicial precedents, the findings returned by the trial Court, convicting the accused, are not based on the correct and complete appreciation of testimonies of prosecution witnesses. It does not lead to an irresistible conclusion of the guilt of the accused, beyond reasonable doubts. The appreciation of the evidence and application of law cited, take this Court to only one conclusion that the possibility of the investigating team not revealing the true and corre....... + More
- 2019 (9) TMI 1281
Seizure and recovery of Contraband - poppy straw - Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - only two samples packets and one bag of poppy straw weighing 2.5 kg were produced and exhibited while the entire contraband material was not produced and exhibited. Whether the cases relied upon by the High Court state in unequivocal terms that in case of failure to produce the contraband material before the Court, the case of the prosecution is required to be discarded or not? HELD THAT:- Reliance placed in the case of JITENDRA & ANR. VERSUS STATE OF MP. [2003 (9) TMI 709 - SUPREME COURT] relying on which the benefit of doubt was given and the accused was acquitted. The evidence of PW15 Surender Singh shows that from and out of 7 bags of poppy husk, samples weighing about 500 grams were taken out of each bag. Ou....... + More
- 2019 (9) TMI 1273
Smuggling - Brown Colored Powdery Substance - Section 67 of NDPS Act - acquittal of accused - Testing of samples - HELD THAT:- It is pertinent to mention here that it is the duty of the courts, in the interest of justice, to understand that why the fresh samples were drawn on a date which was not in the knowledge of the petitioner/accused. Thus, raising a doubt on the entire process and bonafide case of the prosecution and that such discrepancy and illegality would ultimately result into the acquittal of the accused and therefore, there is no purpose of charging the accused and exposing them to the further harassment of trial which they have been facing since 03.12.2010. The order on charge dated 04.08.2017 is hereby set aside and the petitioners are discharged from the offences - petition is accordingly allowed with costs of ₹ 50,0....... + More
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