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- 2020 (3) TMI 1260 - MADRAS HIGH COURT
Validity of Sub-section (5) of Section 43 of the Real Estate (Regulation and Development) Act, 2016 - right of appeal to a Promoter - pre-conditioned by the deposit of total amount to be paid to an allottee of an apartment as may have been determined by the Authority/Adjudicating Officer under the Act, before entertaining the appeal - HELD THAT:- The argument of the learned counsel for the petitioner that the appeal under Section 43(5) of the 2016 Act is the forum of first Adjudication Officer does not appeal to us, inasmuch as the Adjudicatory Officer has been given limited powers, but while adjudicating the same, he is guided by Section 72. The Adjudicatory Officer is of the rank of a District Judge. The argument that the Regulatory Authority does not consist of persons having a judicial background is of no avail, inasmuch as at the fir....... + More
- 2020 (3) TMI 1245 - PATNA HIGH COURT
Writ of Habeas Corpus - elope of minor girl - Abduction and forceful and illegal marriage - fake mark sheet and id proofs - victim is a minor and is not willing to go with her parents - HELD THAT:- The Latin phrase habeas corpus means literally that "you", that is, the person with custody over the prisoner, must "have the body" of the prisoner produced in court at the place and time ordered by a judge. The writ of habeas corpus provides individuals with protection against arbitrary and wrongful imprisonment. Habeas corpus writ is most commonly used in India as a remedy in case of preventive detention because in such cases, the validity of the order detaining the detenue is not subject to challenge in any other court and it is only the writ jurisdiction which is available to the aggrieved party. However, the scope of pe....... + More
- 2020 (3) TMI 1186 - DELHI HIGH COURT
Extension of expiry dates of interim order in the event of Lockdown in the event of Corona Virus outbreak - HELD THAT:- Taking suo moto cognizance of the aforesaid extraordinary circumstances, under Article 226 & 227 of the Constitution of India, it is hereby ordered that in all matters pending before this court and courts subordinate to this court, wherein such interim orders issued were subsisting as on 16.03.2020 and expired or will expire thereafter, the same shall stand automatically extended till 15.05.2020 or until further orders, except where any orders to the contrary have been passed by the Hon’ble Supreme Court of India in any particular matter, during the intervening period. This order be uploaded on the website of this Court and be conveyed to all the Standing Counsel, UOI, GNCTD, DDA, CIVIC AUTHORITIES, Delhi High Court Bar Association, all the other Bar Associations of Delhi, as well as to all District Courts subordinate to this court.
- 2020 (3) TMI 1153 - ALLAHABAD HIGH COURT
Situation arising out of lockdown ordered as a precaution for prevention of Coronavirus spread - extension of dates of courts to approach the courts of law - HELD THAT:- Only with the view to ensure that citizens are not deprived of their right to approach the Courts of law, we propose to exercise our jurisdiction under Articles 226 and 227 of the Constitution of India by issuing certain directions. The directions are required to be issued to ensure that litigants should not suffer on account of their inability to approach the Courts of law. All interim orders passed by the High Court of Judicature at Allahabad as well as at Lucknow, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State over which this Court has power of superintendence, which have been expired subse....... + More
- 2020 (3) TMI 1152 - GUJARAT HIGH COURT
Vires of Rules 9, 10 and 11 contained in Resolution No.73 of 2010 in Part-VI, Chapter-III of the Bar Council of India Rules - holding of the All India Bar Examination - issuance of certificate of Right to Practice - demand of fee above ₹ 750/- for purposes of enrollment - HELD THAT:- Rules 9, 10 and 11 contained in Resolution No.73 of 2010 in Part-VI, Chapter-III of the Bar Council of India Rules only provide for the holding of the All India Bar Examination. It further provides that an advocate enrolled under Section 24 of the 1961 Act would be entitled to practice only after successfully clearing the All India Bar Examination conducted by the Bar Council of India. It also provides the manner in which the All India Bar Examination is held and issuance of certificate of Right to Practice within 30 days of successful passing of the sa....... + More
- 2020 (3) TMI 1046 - CALCUTTA HIGH COURT
Maintainability of the arbitration proceeding - Joint Venture - strict compliance of sub-clause 67.1(d) of the COPA - HELD THAT:- In the present case, the appellant joint venture was awarded the contract by the respondent. The arbitration agreement is between the appellant joint venture and the respondent is the claimant in the arbitral proceeding. It is the appellant joint venture who was entitled to and invoked the arbitration clause. Further, the respondent has also invoked the arbitration agreement against the appellant joint venture who has executed the contract. The appellant joint venture is the claimant in the arbitral proceeding. Accordingly, the joint venture is entitled to maintain this appeal. The present appeal filed by the appellant is maintainable.
- 2020 (3) TMI 993 - PUNJAB & HARYANA HIGH COURT
Dishonor of Cheque - Proceedings against the Director of the company - No averments against the director in the complaint - offence under Section 141(2) of the Negotiable Instruments Act - HELD THAT:- The complaint in question is wanting on material particulars. The requirement of law in respect of creating vicarious liability must be strictly construed. Since it is a penal provision, creating vicarious liability, therefore, it is not sufficient to make bald and cursory statement in the complaint that Director is incharge and responsible to the company for the conduct of the business of the company without anything more. Rather in the instant case, no such averments have been made in respect of the petitioner being Director is also incharge and responsible to the company for the conduct of the business. The complaint must contain as to ho....... + More
- 2020 (3) TMI 992 - PUNJAB & HARYANA HIGH COURT
Compliance with the pre-deposit for maintenance of appeal - imposition of the condition on the petitioner to deposit 20% of the compensation amount within 60 days in view of Section 148(1) of the Negotiable Instruments Act, 1881 - HELD THAT:- In the present case, learned Additional Sessions Judge, Yamuna Nagar at Jagadhri had granted 60 days time to the petitioner for deposit of 20% of the compensation amount which will expire on 19.03.2020. The petitioner is stated to be unable to deposit the amount by that date due to his difficult financial conditions. Under Section 148 of the N.I. Act the period for deposit of the amount can be extended by another period of 30 days so as not to exceed 90 days. In the facts and circumstances of the case, ends of justice require that the petitioner be allowed 30 days time to deposit 20% of the compensat....... + More
- 2020 (3) TMI 991 - PUNJAB & HARYANA HIGH COURT
Dishonor of cheque - insufficiency of funds - Section 138 of the Negotiable Instruments Act, 1881 - Compounding of offences - HELD THAT:- Under Section 320 Cr.P.C., the High Court may allow compounding of offences at the stage of revision also. Therefore, allowing the compounding of offences in view of the compromise between the parties, the revision petition is accepted and the judgments passed by the Courts below are set aside, resultantly, the revisionist accused is acquitted of the notice of accusation served upon him for offence under Section 138 of the Negotiable Instruments Act, 1881. It is clarified that the compromise arrived at in the revision petition shall not have any effect upon RSA-3195-2015, said to have been filed by the complainant against the present revisionist, which is pending before this court. The revisionist is directed to deposit 15% of the cheque amount with the High Court Legal Service Committee, within two weeks from today.
- 2020 (3) TMI 990 - ALLAHABAD HIGH COURT
Dishonor of cheque - summon of Accused - insufficiency of material - HELD THAT:- 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 through compromise. On such application being moved the concerned court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the accused which shall not exceed a maximum period of four months from today to make an endeavour in this direction. If the decision of the Court given in the light of the application does not conclude the proceedings against the accused and he is further required to appear and face the trial, the court shall be at liberty to proceed in accordance with law against the accused and take all necessary steps and measures to procure his attendance as the law permits. Application disposed off.
- 2020 (3) TMI 989 - PUNJAB & HARYANA HIGH COURT
Dishonor of Cheque - summon order - Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- The issue decided in the case of NATIONAL SMALL INDUSTRIES CORPN. LTD. VERSUS HARMEET SINGH PAINTAL [2010 (2) TMI 590 - SUPREME COURT] where it was held that In agreement with the conclusion arrived at by the High Court and in the absence of specific averment as to the role of the respondents and particularly in view of the acceptable materials that at the relevant time they were in no way connected with the affairs of the company, we reject all the contentions raised by learned counsel for the appellants, appeals dismissed. Petition allowed.
- 2020 (3) TMI 988 - MADRAS HIGH COURT
Dishonor of Cheque - section 138 of NI Act - petitioner has submitted that the Courts below passed the judgements only on surmises and not on settled proposition of law - HELD THAT:- In the case on hand, it is admitted by the petitioner that Cheques were issued by him. It is quite natural that the person, who issued or was responsible to issue the cheques, has to rebut the presumption placing necessary evidence, because when cheques are issued towards payment of certain amount, it is presumed that there was existence of a legally enforceable debt. When the issuance of the cheques are admitted by the petitioner, the respondent is entitled to invoke presumption under Sections 118 and 139 of the Negotiable Instruments Act for discharging the subsisting liability and in this case, rightly the respondent has invoked such presumption. The presu....... + More
- 2020 (3) TMI 987 - MADRAS HIGH COURT
Dishonor of cheque - insufficiency of funds - cheque is torn and cellophane tape has been used to hold it firm - section 138 of NI Act - HELD THAT:- It was not dishonoured on the ground that the signature varies or the instrument is mutilated, but on the ground of insufficiency of funds. It is trite that while exercising revisional jurisdiction in a case involving concurrent findings of fact arrived at by two Courts below, the High Court cannot act as a second appellate Court. Both the Courts have disbelieved the defence taken by the accused that his small daughter had torn some cheque leaves and one of such torn cheque leaves had gone into the hands of the complainant through a relative and the present prosecution has been filed. The accused has not stated the date on which his daughter tore the cheque leaves. The reply notice in this ca....... + More
- 2020 (3) TMI 986 - MADRAS HIGH COURT
Dishonor of Cheque - preponderance of probability - discharge the burden under Section 139 of the Negotiable Instruments Act - HELD THAT:- In the cross-examination of the complainant (P.W.1), it was suggested to him that the eight cheques were given only as security on the promise that the complainant will arrange an educational loan for the daughter of the accused, but he did not arrange the loan and instead, misused the cheques. The complainant denied this suggestion. The defence was not able to make any serious dent in the testimony of the complainant (P.W.1) in the cross-examination - If the complainant had failed to arrange the promised loan, the accused would have issued directions to his Bank to stop payment, but that was not done. The accused also did not issue any reply notice to the statutory demand notice sent by the complainan....... + More
- 2020 (3) TMI 985 - MADRAS HIGH COURT
Dishonor of Cheque - insufficiency of funds - Challenging the concurrent findings of the two Courts below, the accused has filed the present Criminal Revision Case, before this Court, under Section 397 (1) r/w. 401 Cr.P.C. - HELD THAT:- It is trite that while exercising revisional jurisdiction in a case involving concurrent findings of fact arrived at by two Courts below, the High Court cannot act as a second appellate Court. This Criminal Revision Case is devoid of merits and stands dismissed and the judgments of the two Courts below are confirmed. The trial Court is directed to secure the accused and commit him to prison to undergo the remaining sentence.
- 2020 (3) TMI 984 - ALLAHABAD HIGH COURT
Dishonor of Cheque - contention that the disputed cheques were not dishonoured for insufficiency of fund rather the payment of above cheques were got stopped as per the instructions of the applicant and in cases of stop payment, the provisions of 138 of the Negotiable Instruments Act do not apply - applicability of section 138 of NI Act - HELD THAT:- The contentions raised by applicant are required to be decided upon evidence to be led by parties before the trial court and at this stage merely for the reason that the applicant got the payment stopped it will not be just and appropriate to discharge the applicant. There is no illegality, irregularity, incorrectness or impropriety in the impugned order or any sufficient ground for quashing it and learned counsel for the applicant has failed to show that there is any abuse of process of cour....... + More
- 2020 (3) TMI 983 - PUNJAB AND HARYANA HIGH COURT
Bail application - allegation that the accused had taken away money form her in the context of chit fund - HELD THAT:- Petitioners remained proclaimed offenders from 2016 to 2019. Now they are in custody since 28.06.2019. The case is triable by the Magistrate. Only one prosecution witness has been examined so far and the cross-examination of PW 1 was deferred as the prosecution wanted to file an application under Section 319 Cr.P.C. The filing of application under Section 319 Cr.P.C and decision thereof, would give rise to some more time for commencement of the trial in accordance with law. In such situation, bail can be granted to the petitioners on stringent condition in order to ward off any apprehension of the prosecution that the petitioners may flee from justice. The petitioners are directed to be released on regular bail on their furnishing adequate bail/surety bonds to the satisfaction of the trial Court.
- 2020 (3) TMI 905 - ALLAHABAD HIGH COURT
Recovery Proceedings - restraint on Tehsildar from pursuing the recovery proceedings - threat of fatal consequences of COVID-19 - HELD THAT:- Today, there is an extraordinary situation in the country due to pandemic Corona Virus and therefore, it calls for an extraordinary measure to be taken to contain COVID-19. It is a situation where 'self quarantine' should be encouraged amongst people in the society in particular and the country in general. All the concerned competent authorities both administrative and nonadministrative under the State Government be issued directions restraining them from taking any coercive measures against any person or body of persons in the society so as to force him/them to approach the Court for the redressal of grievance. All the recovery proceedings at the end of the district administration, financia....... + More
- 2020 (3) TMI 904 - ALLAHABAD HIGH COURT
Smuggling - Charas - Contraband item - offence under Section 8(C)/20(B)(II) of NDPS Act, 1985 - presence of confessional statement or not - admissible evidences or not - corroboration of statements or not - possession of opium and sale of same or not - HELD THAT:- In the present case the appellant was neither arrested on the spot, nor any incriminating article was recovered from his house when a search was made. Even the prosecution wholly failed to establish that the said truck was in any way connected with the appellant or the same was at any time in real or constructive possession/control of the appellant. The prosecution failed to establish the ownership of the truck and no evidence was there pertaining to any connection of the said vehicle with the appellant. So, from the entire material on record, it is evident that except the state....... + More
- 2020 (3) TMI 903 - CALCUTTA HIGH COURT
Smuggling - Hashish - contraband item - retraction of statements - offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 - HELD THAT:- Undisputedly, according to the evidence, recovery of Hashish (Charas) found from the rucksack which was in possession of the accused person and which is evident from the inventory and seizure list as well as from the panchnama both were duly signed by independent witnesses and the employee of Modern Travels as also by the accused persons. PW3 being the Gazetted Officer in his crossexamination stated that he was present at the time of search and seizure, such being the evidence on record, possession of the said Hashish (charas) from the custody of the accused person is beyond doubt. That apart, there were no retraction of the said fact by the appellant during the tria....... + More