Vicarious Liability – Requirements under Section 141 of NI Act – The Supreme Court held that merely stating that directors are in charge of and responsible for the conduct of the business of the company does not fulfill the requirements of Section 141 of the NI Act. Specific averments detailing their role and responsibility are necessary [Paras 1-88].
Personal Appearance &...
FACTS: The petitioner, M/S. Masturlal (Pvt.) Ltd., was accused of failing to furnish required statistical data to the respondent, violating Section 15(1) of the Collection of Statistics Act, 2008. In a previous proceeding (C.C.No.22683/2012), the petitioner pleaded guilty, paid a fine, and the case was closed.
ISSUE: Whether the second proceeding under Section 15(2) of the Act for non...
Penal Code 1860 (IPC) - Section 306 - Abetment of suicide - An FIR under Section 306 of IPC cannot be quashed on the basis of any financial settlement with the informant, surviving spouse, parents, children, guardians, caregivers, or anyone else - Heinous or serious crimes with a serious impact on society cannot be compromised - High Court's quashing of FIR based on settlement between accused ...
Eviction Orders - Alleged encroachment on gair mumkin rasta (pathway) in khasra No. 145 - Petitioners challenged eviction orders issued by Assistant Collector Ist Grade, Rewari, and Collector, Rewari - Reliance on demarcation report - Objections raised by petitioners - Violation of guidelines, ex parte demarcation, failure to ascertain fixed points, and relay them onto the ground. (Para 1-3)
De...
Criminal Law - Petitioner's Arrest and Prosecution – Seizure of foreign liquor leading to petitioner’s arrest – Allegation of unlawful possession, storage, and non-payment of duty – Raid by Bidhannagar Excise Department on 31.10.2018 – Prosecution under Bengal Excise Act, 1909 and West Bengal (Foreign Liquor) Rules, 1998. [Paras 5-7, 15]
Defense of the Petition...
Criminal Procedure Code, 1973 – Section 482 – Quashing of Proceedings – High Court considered the application for quashing the criminal proceedings against the applicants under Sections 153 and 506 of the Indian Penal Code. The applicants were accused of raising objectionable slogans and threatening people in a religious gathering. [Para 2, 3, 13]
Allegations and Inv...
Summoning - Drugs and Cosmetics Act, 1940, Section 28 - Code of Criminal Procedure, 1973, Sections 468, 469 - Offence punishable under - Maximum punishment - Imposition of sentence - Scope of - Whether, in a case where an offence is punishable under Section 28 of the Drugs Act with a maximum imprisonment for a term of one year, the Court can take cognizance of the offence beyond the period of limi...
Criminal Law – Quashing of Proceedings – Jurisdiction and Legal Procedures – The Allahabad High Court addressed the legality of police action and judicial cognizance in a case involving election-related offences under Sections 171 H and 188 of the Indian Penal Code. The court scrutinized the jurisdictional aspects of FIR registration, charge sheet preparation, and the magistrate&...
Quashing of Proceedings – Incompetence of Complainant – Inadequate Authority of Additional Chief Medical Officer – Pre-Natal Diagnostic Techniques Act Violations – Court holds that the Additional Chief Medical Officer, who filed the complaint, was not the ‘appropriate authority’ as mandated under Section 28 of the Act of 1994. Observes that the complaint w...
Appeal Against FIR Order Under SC/ST Act – Challenging order for FIR against ACP Bijender Singh under SC/ST Act for alleged misconduct during investigation of FIR No. 261/2019 – Original case involved parking dispute between complainant and police personnel, leading to allegations of atrocity under the SC/ST Act. [Paras 1, 2]
Investigation Conduct and Chargesheet Filing &n...