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IMPORTANT POINTS
(1) Dishonour of cheque – Offence by company – It is drawer Company which must be first held to be principal offender under Section 138 of NI Act before culpability can be extended, through a deeming fiction, to other Directors or persons in-charge of and responsible to Company for conduct of its business – In absence of liability of drawer Company, there would naturally be no requirement to hold other persons vicariously liable for offence committed under Section 138 of NI Act – Authorised signatory is merely physical limb that signs and makes cheque on behalf of company’s incorporeal personality.
(2) A company vis-à-vis its authorised signatory stands on a completely different footing as compared to account holders of a joint account.
(3) Section 138 of NI Act does not envisage that only those cases where a cheque issued towards discharge of personal liability of drawer towards the payee gets dishonoured would come within ambit of provision – Expression “of any debt or other liability” appearing in Section 138 when read with Explanation to provision is wide enough to bring any debt or liability which is legally enforceable within its fold.
(4) Dishonour of cheque – Section 138 of NI Act must be construed strictly – However, such a strict construction should not result in defeating very purpose for which provision has been enacted. ,20 Dec 2024
Supreme Court of India
IMPORTANT POINT
Dishonour of cheques – Offence by company – To maintain complaint and to frame charge under Section 138 of NI Act, there must be specific averment against person concerned that he in-charge of, and responsible for company concerned in the matter of conduct of its business. ,19 Dec 2024
Supreme Court of India
IMPORTANT POINTS
(1) Retrial of offence – There exists clear difference between retrial and reinvestigation – Mere observation that investigating authorities may have taken lackadaisical ethical approach does not warrant accused being put through wringer once more for same offence.
(2) Transfer to CBI must take place in special circumstances. ,19 Dec 2024
Supreme Court of India
IMPORTANT POINT
Right to live with dignity – Dignity goes to very core of existence of an individual in society – Any action which undermines dignity either by an act of another person or that of State is potentially going against spirit of Constitution of India. ,19 Dec 2024
Supreme Court of India
IMPORTANT POINTS
(1) Appeal under Section 173 of Motor Vehicles Act, is essentially in nature of first appeal like Section 96 of Civil Procedure Code – High Court is under legal obligation to decide all issues both on facts and law after appreciating entire evidence.
(2) Death in motor accident – In claim cases, in case accident is disputed or involvement of vehicle concerned is put in issue, claimant is only expected to prove the same on a preponderance of probability and not beyond reasonable doubt. ,18 Dec 2024
Supreme Court of India
IMPORTANT POINTS
(1) Public demand – Term ‘public demand’ is of wide amplitude and encompasses all arrears or dues.
(2) Jurisdictional facts consist of a sequence of events or a bundle of circumstances – Relevant circumstances are determined on a case-to-case basis. ,18 Dec 2024
Supreme Court of India
IMPORTANT POINTS
(1) Kidnapping and murder of child – Death sentence – Circumstantial evidence – If accused is last seen with deceased and particularly in a case of this nature when time gap between last seen stage and occurrence of death is so short, accused must offer a plausible explanation as to how he parted company with deceased and explanation offered must be satisfactory.
(2) Medical report is an additional link in chain of circumstances. ,17 Dec 2024
Supreme Court of India
IMPORTANT POINTS
(1) National Commission cannot interfere with pure finding of fact arrived at by District and State Commissions while exercising revisional jurisdiction.
(2) Delay may be condoned if it is properly explained. ,17 Dec 2024
Supreme Court of India
IMPORTANT POINTS
(1) Disposal of bail applications – Constitutional Courts can lay down principles governing grant of bail or anticipatory bail – However, Constitutional Courts cannot interfere with discretion of our Trial Courts by laying down form in which an order should be passed while deciding bail applications – Presence of antecedents of accused is only one of several considerations for deciding prayer for bail made by him.
(2) Explanation of a Judicial Officer can be called for only on administrative side. ,17 Dec 2024
Supreme Court of India
IMPORTANT POINTS
(1) Scheduled Offence – NIA investigation – Accused who may have committed a non-scheduled offence having a connection with a Scheduled Offence can be investigated by NIA in respect of a non-scheduled offence.
(2) Scheduled Offence – Special agency – In case of an offence committed outside India to which NIA Act extends, Central Government can direct NIA to register case as well as take up investigation as if such offence has been committed in India.
(3) Expression “the accused” would have to be given an expansive and enlarged meaning.
(4) Ripple Effects of Illicit Drug Trade and Drug Abuse – Debilitating impact of drug trade and drug abuse is an immediate and serious concern for India – Preventing drug addiction among adolescents requires a concerted effort from multiple stakeholders: parents and siblings, schools and the community – Parents have a crucial role in prevention of drug abuse among adolescents. ,16 Dec 2024
Supreme Court of India
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