Sec.138 of N.I.Act – Territorial Jurisdiction –where the cheque was dishonored – Bhaskaran judgment was overruled – 3 bench judges held that Once the cause of action accrues to the complainant, the jurisdiction of the Court to try the case will be determined by reference to the place where the cheque is dishonoured.- The general rule stipulated under Section 177 of … Continue reading
Sec.138 of N.I.Act – Sec.27 of General clauses Act and Sec.114 of Evidence Act – Presumption of service of Statutory Notice under sec.138 – when it was given to correct address – then there is no need to plead specifically that the accused managed and got return the notice un served in the pleadings … Continue reading
Sections 138 and 141 of the Negotiable Instruments Act, 1881 – failure of complainant to plead – Directors, Manager, Secretary or other officers of the company for arraying as accused there must be specific pleadings that the accused were in charge of and responsible for the conduct of the business of the company – … Continue reading
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=39265 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 838 OF 2008 Aneeta Hada …..……..Appellant Versus M/s. Godfather Travels & Tours Pvt. Ltd. ………Respondent WITH CRIMINAL APPEAL NO. 842 OF 2008 Anil Hada …………Appellant Versus M/s. Godfather Travels & Tours Pvt. Ltd. ………Respondent WITH CRIMINAL APPEAL NO. … Continue reading
published in http://judis.nic.in/supremecourt/filename=40477 Page 1 Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 808 OF 2013 (Arising out of S.L.P. (Crl.) No. 9434 of 2011) Nishant Aggarwal …. Appellant(s) Versus Kailash Kumar Sharma …. Respondent(s) J U D G M E N T P.Sathasivam,J. 1) Leave granted. 2) The question … Continue reading
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.883 OF 2012 [Arising out of Special Leave Petition (Crl.) No.2299 of 2012] R. MOHAN … APPELLANT Vs. A.K. VIJAYA KUMAR … RESPONDENT AND CRIMINAL APPEAL NO.884 OF 2012 [Arising out of Special Leave Petition (Crl.) No.3327 of 2012] A.K. VIJAYA KUMAR … … Continue reading
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 645 of 2012 Sangeetaben Mahendrabhai Patel …Appellant Versus State of Gujarat & Anr. …Respondents J U D G M E N T Dr. B.S. CHAUHAN, J. 1. This appeal has been preferred against the impugned judgment and order dated 18.8.2011 passed by … Continue reading
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1020 OF 2010 [Arising out of SLP (Crl.) No. 407 of 2006] Rangappa … Appellant Versus Sri Mohan … Respondent JUDGMENT K.G. Balakrishnan, C.J.I. 1. Leave granted. 2. In the present case, the trial court had acquitted the appellant-accused in a … Continue reading
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO_263_ OF 2012 (Arising out of SLP (Crl.) No.4445/2009) JIK Industries Limited & Ors. ….Appellant(s) – Versus – Amarlal V. Jumani and Another ….Respondent(s) WITH Crl.A. No…264/2012 @ SLP(Crl) No.4446/2009, Crl.A. No 265/2012 @ SLP(Crl) No.4447/2009, Crl.A. No.266/2012 @ SLP(Crl) No.4448/2009, Crl.A. No.267/2012 … Continue reading
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 181 OF 2012 [ARISING OUT OF SLP (CRL.) NO. 10537 OF 2010] B. CHANDRAMATHI … APPELLANT Versus N. PRAKASH … RESPONDENT O R D E R 1. Leave granted. 2. This appeal, by grant of special leave, … Continue reading