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Companies act, 2013

YERRAM VIJAY KUMAR versus THE STATE OF TELANGANA & ANR.

Because s.448 makes a person liable under s.447 and s.447 is an offence 'covered under Section 447' in s.212(6), the second proviso to s.212(6) prevents the Special Court from taking cognizance of offences under s.448 (and consequently s.451) on a private complaint unless the statutory pre-condition (complaint by Director SFIO or authorised Central Government officer) is met; therefore the Special Court's cognizance and all consequential proceedings insofar as they relate to ss.448 and 451 are quashed.

Source excerpt

  • Section 447 companies act
  • Section 448 companies act
  • Section 451 companies act
  • Section 212(6) companies act
  • Section 436(2) companies act
  • Section 482 crpc
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Negotiable instruments act, 1881

S. NAGESH versus SHOBHA S. ARADHYA

The learned Magistrate erred in taking cognizance of the respondent's complaint under Section 138 of the NI Act before the two-day delay in presentation was condoned; under the clear language of the proviso to Section 142(1)(b), the Court's satisfaction as to sufficient cause (and consequent condonation of delay) must precede taking cognizance, and therefore the complaint was quashed.

Source excerpt

  • Section 138 ni act
  • Section 142 ni act
  • Cognizance
  • Limitation
  • Condonation of delay
  • Magistrate jurisdiction
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Narcotic drugs and psychotropic substances act, 1985

JOTHI @ NAGAJOTHI versus THE STATE, REP. BY THE INSPECTOR OF POLICE

The prosecution proved beyond reasonable doubt that the appellant was in conscious possession of 23.500 kg of ganja; the official witnesses’ evidence was consistent and corroborative, the chain of custody and integrity of samples were maintained despite minor procedural irregularities in sampling under Section 52-A, and such irregularities did not vitiate the prosecution; statutory minimum sentence under Section 20(b)(ii)(C) of the NDPS Act must be imposed and the Court had no discretion to reduce it.

Source excerpt

  • Sampling under section 52-a
  • Chain of custody
  • Evidentiary value of samples
  • Independent witnesses
  • Commercial quantity
  • Sentencing under ndps
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Penal code, 1860

RAJ KUMAR @ BHEEMA versus STATE OF NCT OF DELHI

The conviction could not be sustained because the sole identifying witness's dock identification was unreliable (elderly witness with weak distance vision not wearing spectacles, identification after about eight and a half years via video conferencing, material improvements and denial of attendance at the alleged TIP), the TIP itself was shown to be fundamentally flawed or of doubtful authenticity, and recoveries were not credibly connected to the crime (no identification of recovered articles at trial and blood on the pant did not match the scene/deceased/victim); accordingly no substantive…

Source excerpt

  • Test identification parade (tip)
  • Identification by sole eyewitness
  • Evidence recorded over video conferencing
  • Cross-examination as to previous written statements
  • Recoveries and forensic serology
  • Identification after long delay
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Code of criminal procedure, 1973

SADIQ B. HANCHINMANI versus THE STATE OF KARNATAKA & ORS. R1: THE STATE OF KARNATAKA R2: CHNDRUMAL R3: SANJAY R4: NANDKUMAR R5: VIJAY

On the materials before the JMFC (including prima facie evidence that the E-Stamp Paper used for the Rent Agreement was fake and discrepancies revealed by departmental verification), the JMFC properly applied its mind and was justified in referring the matter to police under Section 156(3) CrPC for investigation; the High Court erred in quashing the JMFC order and the impugned High Court orders were set aside and the FIR restored, with directions for expeditious investigation.

Source excerpt

  • Police investigation
  • Judicial magistrate first class
  • Power under section 156(3) crpc
  • Rent agreement
  • E-stamp paper
  • Usage of the term 'further'
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Negotiable instruments act, 1881

SANKAR PADAM THAPA versus VIJAYKUMAR DINESHCHANDRA AGARWAL

A Trust is not a juristic person capable of suing or being sued in its own name for the purposes considered; only trustees operate and are liable for acts of the trust, and therefore a complaint under the NI Act is maintainable against the trustee/chairman who signed the cheque without the necessity of making the Trust an accused.

Source excerpt

  • Maintainability of complaint under ni act against trustee
  • Whether a trust is a juristic person or capable of suing or being sued
  • Vicarious liability under section 141, ni act
  • Joinder of necessary parties in ni act complaint
  • Liability of signatory of dishonoured cheque
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Criminal law

ZAINUL versus THE STATE OF BIHAR

On the facts the Court found material contradictions, embellishments and conflicts between ocular testimony of injured witnesses and medical records, deficiencies in identification and in the FIR/first information aspect such that the prosecution did not prove guilt beyond reasonable doubt; accordingly convictions of the appellants were set aside and they were acquitted, and the PW-20 hospital statement could not be treated as the FIR where earlier information had reached police.

Source excerpt

  • Section 149 of the ipc
  • Unlawful assembly
  • Innocent bystander
  • Member of unlawful assembly
  • Rule of prudence in convicting members of unlawful assembly
  • Ocular evidence
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Penal code, 1860

RAJAN versus THE STATE OF HARYANA

The trial court and High Court correctly and thoroughly appreciated the direct ocular evidence of the two eyewitnesses (including an injured eyewitness); absence of recovery of the alleged firearm did not undermine reliable direct evidence; although the High Court's delay of about 2 years 5 months in uploading the reasoned judgment is a matter of grave concern, on the facts of this case the delay did not cause such prejudice as to warrant setting aside the conviction, and therefore the appeal is dismissed.

Source excerpt

  • Murder (ss.302/34 ipc)
  • Offences under arms act (ss.25, 27)
  • Ocular evidence and injured eyewitness
  • Appreciation of ocular evidence
  • Discovery or recovery of weapon
  • Delay in uploading high court judgment
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Code of criminal procedure, 1973

UNION OF INDIA versus SALEEM KHAN

The High Court was justified in granting bail to accused no.11 because the charges against him related to association with AL-Hind which is not a banned organisation under the UAPA and attending meetings did not amount to a prima facie offence, coupled with prolonged pre-trial custody and delay; the High Court was justified in refusing bail to accused no.20 because the material in the investigation and charge-sheet indicated his involvement with banned terrorist organisations and active assistance to them. The trial is to be expedited and concluded within two years.

Source excerpt

  • Grant of bail
  • Rejection of bail
  • Banned organisations
  • Prima facie offence
  • Expedite the trial
  • Terrorist organisations
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Penal code, 1860

SHANTI DEVI versus STATE OF HARYANA

The prosecution failed to establish a complete and cogent chain of incriminating circumstances: the alleged motive was unsubstantiated and contradictory, the last-seen-together and extra-judicial confession evidence were unreliable and likely fabricated, the recoveries were doubtful and rendered inconsequential by a negative FSL/serology report; therefore convictions and sentences under Sections 302/34 and 201/34 IPC could not be sustained and the accused (appellant and non-appealing co-accused) were to be acquitted.

Source excerpt

  • Murder
  • Illegal occupation
  • Chain of incriminating circumstances
  • Appellate jurisdiction
  • Testimony of the witnesses
  • Last seen together theory
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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