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- 2019 (5) TMI 1626
Requirement to deposit 25% of the amount of compensation - section 148 of Negotiable Instruments Act - Statement of Objects and Reasons of the amendment in Section 148 of the N.I. Act - whether the first appellate court is justified in directing the appellants-original accused who have been convicted for the offence under Section 138 of the N.I. Act to deposit 25% of the amount of compensation/fine imposed by the learned trial Court, pending appeals challenging the order of conviction and sentence and while suspending the sentence under Section 389 of the Cr.P.C., considering Section 148 of the N.I. Act as amended? HELD THAT:- Having observed and found that because of the delay tactics of unscrupulous drawers of dishonoured cheques due to easy filing of appeals and obtaining stay on proceedings, the object and purpose of the enactment of ....... + More
- 2019 (4) TMI 230
Constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1949 - real bone of contention is a Reserve Bank of India (RBI) Circular issued on 12.02.2018, by which the RBI promulgated a revised framework for resolution of stressed assets - Held that:- Section 21 makes it clear that the RBI may control advances made by banking companies in public interest, and in so doing, may not only lay down policy but may also give directions to banking companies either generally or in particular. Similarly, under Section 35A, vast powers are given to issue necessary directions to banking companies in public interest, in the interest of banking policy, to prevent the affairs of any banking company being conducted in a manner detrimental to the interest of the depositors or in a manner prejudicial to the interest of the banking comp....... + More
- 2019 (3) TMI 842
Maintainability of appeal - Held that:- The appellants is not present in the Court today. It is stated that he is out of station. This is no ground to seek adjournment. We therefore reject the request for adjournment - Appeal dismissed for non-prosecution.
- 2019 (2) TMI 1674
Master Circular dated July 1, 2015 - Identification of Wilful Defaulter - HELD THAT:- The power given to the Wilful Defaulter's Committee to issue the show-cause notice and decide on the issue cannot be delegated. It is so, not only because of the language used in the provisions of the Wilful Defaulter Master Circular but also by reason of the mechanism provided in the Master Circular for identification of a wilful default, the requirement to have a decision informed with reasons taken by a Committee constituted by the persons designated in the Master Circular - The Master Circular requires adherence to the principles of natural justice by the Wilful Defaulter's Committee. It requires the Committee to issue the show cause notice, allow a reply to be filed and then take a decision thereon. Upon the Wilful Defaulter's Committee ....... + More
- 2019 (2) TMI 547
Dishonor of Cheque - insufficiency of funds - repayment of friendly loan - Sections 138 of the Negotiable Instruments Act. Whether a revisional Court can, in exercise of its discretionary jurisdiction, interfere with an order of conviction in the absence of any jurisdictional error or error of law? - Held that:- It is well settled that in exercise of revisional jurisdiction under Section 482 of the Criminal Procedure Code, the High Court does not, in the absence of perversity, upset concurrent factual findings. It is not for the Revisional Court to re-analyse and re-interpret the evidence on record - As held by this Court in Southern Sales and Services and Others vs. Sauermilch Design and Handels GMBH [2008 (10) TMI 696 - SUPREME COURT OF INDIA], it is a well established principle of law that the Revisional Court will not interfere even i....... + More
- 2018 (12) TMI 1703
Refusal to register the sale deed - refusal on the ground that there were adverse encumbrances/attachments available against the said property - HELD THAT:- The order of attachment before judgment cannot be a bar for the first respondent to register the sale certificate in respect of the property in question and hence, there cannot be any impediment for the first respondent to register the sale certificate dated 14.03.2018 issued in favour of the tenth respondent. Petition allowed.
- 2018 (9) TMI 1782
Illegal and unlawful detention - Writ of habeas corpus directing the Appellants to produce her husband - whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate in connection with the offence under investigation? Held that:- Admittedly, when the writ petition for issuance of a writ of habeas corpus was filed by the Respondent on 18th/19th March, 2018 and decided by the High Court on 21st March, 2018 her husband Rizwan Alam Siddique was in police custody pursuant to an order passed by the Magistrate granting his police custody in connection with FIR No. I-31 vide order dated 17th March, 2018 and which police remand was to enure till 23rd March, 2018. Further, without challenging the stated order of the Magistrate, a writ petition ....... + More
- 2018 (8) TMI 1345
Conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881 - Held that:- Since the parties have settled the disputes, to do complete justice, the disputes should be given a quietus, subject to appropriate terms - these appeals are allowed and the conviction and sentence imposed on the appellant(s) is set aside.
- 2018 (8) TMI 963
Whether in a criminal prosecution, it will be in consonance with the principles of justice, fair play and a fair investigation, if the informant and the investigating officer were to be the same person? Held that:- In a criminal prosecution, there is an obligation cast on the investigator not only to be fair, judicious and just during investigation, but also that the investigation on the very face of it must appear to be so, eschewing any conduct or impression which may give rise to a real and genuine apprehension in the mind of an accused and not mere fanciful, that the investigation was not fair. In the circumstances, if an informant police official in a criminal prosecution, especially when carrying a reverse burden of proof, makes the allegations, is himself asked to investigate, serious doubts will naturally arise with regard to his ....... + More
- 2018 (8) TMI 769
Revisional jurisdiction of the court of Sessions - whether the petitioner having availed of the remedy of revision should be allowed to take recourse to Section 482 Cr. PC as a substitute for virtually initiating a second revisional challenge or scrutiny which is clearly barred under Section 397(3) Cr. PC.? Held that:- A perusal of the criminal complaint in which the impugned order was passed by the Magistrate, which has been upheld by the court of Sessions in revision, would show that it is admitted case of the petitioner that he had come in contact with the private respondents herein, they being connected to the company described as M/s. DPA Finance Pvt. Ltd. engaged in the business of providing loans and further that he had executed certain documents to avail of certain loan facility though, as per his case, upon being induced to do so....... + More
- 2018 (8) TMI 34
Whether Section 34(5) of the Arbitration and Conciliation Act, 1996, inserted by Amending Act 3 of 2016 (w.e.f. 23rd October, 2015), is mandatory or directory? Held that:- It is seen that Section 34(5) does not deal with the power of the Court to condone the non-compliance thereof. It is imperative to note that the provision is procedural, the object behind which is to dispose of applications under Section 34 expeditiously - One must remember the wise observation contained in the case of Kailash v. Nanhku and Ors. [2005 (4) TMI 542 - SUPREME COURT], where the object of such a provision is only to expedite the hearing and not to scuttle the same. All rules of procedure are the handmaids of justice and if, in advancing the cause of justice, it is made clear that such provision should be construed as directory, then so be it. Section 80, tho....... + More
- 2018 (7) TMI 1860
Quietus from litigation - the cheque amount has already been paid and it is acknowledged by the respondent - Section 138 of the Negotiable Instruments Act, 1881 - Held that:- For doing complete justice the whole litigation should be given a quietus, subject to appropriate terms - the conviction and sentence imposed on the appellant is set aside - appeal allowed.
- 2018 (7) TMI 1568
Prosecution of the parties - Section 141 Negotiable Instruments Act, 1881 - concern of the accused with the responsibility for the conduct of the day-to-day business of the company - Held that;- Averments are deficient to the effect that there is not even a whisper of allegation that the respondents are persons who were in charge of or responsible to the company accused for the conduct of its business “at the time the offence was committed”. The respondents are not stated to be signatories to the cheques in question. They cannot be roped in merely because they have been directors of the company accused. The general averments that they were responsible for all the business dealings and for the circumstances leading to the dishonour of the cheques or that they had given any assurance as to the cheques do not suffice. Petitions dismissed.
- 2018 (7) TMI 1426
Interpretation of Statute - Article 239AA of the Constitution - Whether the inhabitants or voters of NCT of Delhi remain where they were prior to the special status conferred on the Union Territory or the amended constitutional provision that has transformed Delhi instills "Prana" into the cells? Held that:- It would be fundamentally inappropriate to assign to the NCT a status similar to other Union territories. Article 239AA(4) is a special provision which was adopted to establish a special constitutional arrangement for the governance of the NCT, albeit within the rubric of Union territories. In interpreting the provisions of Article 239AA, this Court cannot adopt a blinkered view, which ignores legislative and constitutional history. While adopting some of the provisions of the Acts of 1963 and 1966, Parliament in its constituent capac....... + More
- 2018 (7) TMI 101
Validity of Conviction order set aside by High Court - dishonor of cheque due to insufficiency of funds - Section 138 of the Negotiable Instruments Act, 1881 - rebutting of presumption - High Court held that the accused has been successful in creating doubt in the mind of the Court with regard to the existence of the debt or liability - Held that:- The trial court after considering the evidence on record has returned the finding that the cheque was issued by the accused which contained his signatures. Although, the complainant led oral as well as documentary evidence to prove his case, no evidence was led by the accused to rebut the presumption regarding existence of debt or liability of the accused. The High Court has not returned any finding that order of conviction based on evidence on record suffers from any perversity or based on no ....... + More
- 2018 (4) TMI 3
Offence under Prevention of Corruption Act, 1988 - Inherent power of a High Court available to stay a trial under the Act - whether order framing charge is not purely an interlocutory order - instance of Municipal Corporation of Delhi (MCD) against the appellant and certain officers of MCD alleging causing of wrongful loss to the MCD by using fake invoices of Oil Companies relating to transportation of Bitumen for use in “Dense Carpeting Works” of roads in Delhi during the year 1997 and 1998 Held that:- A Bench of three Judges in Madhu Limaye (1977 (10) TMI 111 - SUPREME COURT) held that legislature has sought to check delay in final disposal of proceedings in criminal cases by way of a bar to revisional jurisdiction against an interlocutory order under sub-Section 2 of Section 397 Cr.P.C. At the same time, inherent power of the High Cour....... + More
- 2018 (3) TMI 932
Right of secured creditor - default in the repayment of the outstanding amount - agriculture property - right of creditor after Public Auction and sale of property - right to transfer the property in favor of auction purchaser instead of taking the physical possession first - whether the Parliament intended for a total invalidity to result from the failure to reply and give reasons for the non-acceptance of the borrower’s representation - whether sub-section (3A) of Section 13 is mandatory or directory in nature? Held that: - In any event, having regard to the character of the land and the purpose for which it is set apart, we are of the view that the land in question is not an agricultural land. The High Court mis-directed itself in holding that the land was an agricultural land merely because it stood as such in the revenue entries, eve....... + More
- 2018 (3) TMI 812
Interpretation of statute - Enforcement of award - Where arbitration proceedings have been initiated before amendment to Section 36,whether Section 36, which was substituted by the Amendment Act, would apply in its amended form or in its original form to the appeals in question? - construction of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 Held that: - If the first part of Section 26 were couched in positive language (like the second part), it would have been necessary to add a proviso stating that the Amendment Act would apply even to arbitral proceedings commenced before the amendment if the parties agree. In either case, the intention of the legislature remains the same, the negative form conveying exactly what could have been stated positively, with the necessary proviso. Obviously, “arbitral proceedings” havi....... + More
- 2018 (2) TMI 1757
Maintainability of petition - section 34 (5) of the Arbitration & Conciliation Act, 1996 - If the notice invoking arbitration agreement is issued prior to 23rd October, 2015, whereas the impugned award is rendered after 23rd October, 2015 and if the arbitration agreement contemplate that the parties would be governed not only by the provisions of the Arbitration & Conciliation Act, 1996, but also any statutory modification thereof or repeal thereto, the carbp434-17 provisions inserted by the Arbitration & Conciliation (Amendment) Act, 2015 would apply to such proceedings filed after 23rd October, 2015 or not? Held that:- A perusal of section 26 of the Amendment Act of 2015 clearly indicates that unless the parties otherwise agree, no provisions of the Amendment Act would apply to arbitral proceedings commenced in accordance with the provi....... + More
- 2018 (2) TMI 412
Maintainability of appeal - doctrine of harmonious construction - whether an appeal, not maintainable under Section 50 of the Arbitration and Conciliation Act, 1996, is nonetheless maintainable under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015? Held that: - Both the Commercial Courts Act as well as the detailed Arbitration Amendment Act of 2015, were brought into force on the same day, i.e. 23rd October, 2015, as a result of two reports of the Law Commission of India. An order which refers parties to arbitration under Section 8, not being appealable under Section 37(1)(a), would not be appealable under Section 13(1) of the Commercial Courts Act. Similarly, an appeal rejecting a plea referred to in sub-sections (2) and (3) of Section 16 of the Arbitration Act would ....... + More