Vinothpandian: 2007 CRI LJ 902 : J Ramaraj vs IIyaz khan : In a sec 138 NI act proceedings , agent who is drawer of cheque on behalf of the principal is liable for prosecution as per section 28 of the contract act

[4/4, 10:28] Vinothpandian: 2007 CRI LJ 902 : J Ramaraj vs IIyaz khan : In a sec 138 NI act proceedings , agent who is drawer of cheque on behalf of the principal is liable for prosecution as per section 28 of the contract act
[4/4, 10:28] Vinothpandian: 2008 (6) MLJ 1067 : Purushotama reddy vs satish : simultaneous filing of a civil suit for recovery of money as well as complaint under section 138 is maintainable
[4/4, 10:28] Vinothpandian: 2007 (12) SCC 1 : Inder mohan goswami vs state of uttaranchal : court must ensure that criminal prosecution is not used as instrument of harassment
[4/5, 13:34] Vinothpandian: 2000 (2) crimes 222 : Akram & another vs state of MP : Revision petition against order refusing exemption from personal appearance of accused during is maintainable ( sec 205 CRPC 1973 )
[4/5, 13:34] Vinothpandian: 2010 (4) crimes 130 : M/ S bhagra steel sales pvt ltd vs shree sunil mohan : complaint cannot be mechanically dismissed for absence of complaint
[4/5, 13:52] Vinothpandian: 2006 (9) SCC 784 : P T Ratnakaran vs VK prabhakaran : In a sec 138 NI act proceedings a sentence of imprisonment cannot be imposed in default of payment of fine
[4/5, 14:03] Vinothpandian: 2009 (4) crimes 43 : Hyfria shoes exports ltd vs MM TC ltd : In a sec 138 NI act compensation as well as fine under section 357 (3) CRPC is not permissible
[4/5, 14:03] Vinothpandian: 1997 (1) crimes 149 : uplanche mallikarjun vs Rat kanti vimla : complaint is maintainable even if a gift cheque dishonours
[4/6, 10:36] Vinothpandian: 2008 DLT 237 : vijay choudhary vs shri gyan chand jain : No offence under sec 138 of NI act is attracted if the account was attached prior to the presentation of cheque for encashment
[4/6, 10:36] Vinothpandian: 1996 (1) crimes 454 : Prabir Roy vs state of west bengal : criminal prosecution under sec 138 of NI act may not be avoided on the plea of pendency of arbitration proceedings
[4/6, 10:43] Vinothpandian: 2011 (3) crimes 696 ; mahindra hire purchase ( regd ) vs Biru Ram : filling up a blank cheque behind back is abuse of process of law
[4/6, 10:54] Vinothpandian: 2008 (3) crimes 15 : R sridhar vs TK Rajindra jha : In proceedings under sec 138 of NI act , on conviction , as accused is 77 years of age , end of justice would be that sentence should be awarded till rising of court and compensation for cheque amount be paid to the complainant by the accused
[4/9, 11:05] Vinothpandian: Supreme court : criminal appeal no 308 of 2022 dated 25-02-2022 Saudan singh vs state of Uttar pradesh : Denying bail to person for fault of counsel who does not argue amounts to parity of justice
[4/9, 11:05] Vinothpandian: Supreme court: criminal appeal no 540 of 2022 dated 1-04-2022 Brijesh kumar@ Ramu vs state of Uttar pradesh : In a bail application before the high court , approach of high court in rejecting bail application with simple sentence cannot be appreciated
[4/9, 11:05] Vinothpandian: Supreme court : criminal appeal no 463 of 2022 dated 22-03-2022 vijay kumar ghai vs state of west Bengal: breach of contract cannot give rise to criminal prosecution for cheating
[4/11, 12:22] Vinothpandian: 2017 CTC (1) 729 : jaffar sait , MS formerly Additional director general of police vs union of india : In a departmental proceedings , extension of suspension in absence of valid reasons is an arbitrary exercise of power
[4/11, 12:22] Vinothpandian: 2017 (6) CTC 542 : MD frozen foods exports pvt ltd vs Hero fin corp ltd SC : SARFASI proceedings are in nature of enforcement and arbitration is adjudicatory , SARFASI proceedings and arbitration proceedings can be proceeded simultaneiusly
[4/11, 15:59] Vinothpandian: 2007 (10) SCC 614 : Neetu vs state of punjab : Easy access to justice should not be misused as licence to file misconceived and frivolous petition
[4/11, 15:59] Vinothpandian: 2008 (2) SCC 660 : state of punjab vs jalour singh : lok adalats should resist their tempatation to play the part of judges and constantly strive to function as conciliators
[4/11, 16:07] Vinothpandian: 2012 (1) SCC 10 : Prithipal singh vs state of punjab : In a criminal matter , torture as against the accused is not permissible whether it occurs during investigation , interrogation or otherwise
[4/12, 09:49] Vinothpandian: Supreme court : civil appeal no 2394 of 2022 dated 24-03 – 2022 M/ S Ravi Ranjan developers pvt ltd vs Aditya kumar chatterjee : Application for appointment of arbitrator cannot be moved before High court if no part of cause of action arose within.territorial jurisdiction
[4/12, 09:49] Vinothpandian: Supreme court : civil appeal no 1816 of 2022 dated 28- 03- 2022 M/ S imperia structure ltd vs Brig Harit pant : In terms of section 18 of the RERA act , if promoter fails to complete or is unable to give possession of an apartment duly completed by date specified in agreement , promoter would be liable on demand to return amount recieved by him in respect of that apartment if allottee wishes to withdraw from project with compensation
[4/12, 15:57] Vinothpandian: 2007 (7) SCC 334 : state of UP vs lalloo singh : when vehicle seized by officials under wild life protection act , sec 457 CRPC has no application
[4/12, 15:57] Vinothpandian: AIR 2019 SC 3482 : vishnu kumar tiwari vs state of uttar pradesh ; In a criminal trial , till process is issued , the accused may not have the right to be heard
[4/12, 15:57] Vinothpandian: 1998 (7) SCC 337 : suresh Budharmal kalani @ pappu kalani vs state of maharastra : In a criminal trial , a confession of an accused who has been discharged is not admissible against a co – accused
[4/12, 16:02] Vinothpandian: 2011 (3) SCC 380 : sri indra das vs state of assam : confession to police officer is a very weak type of evidence , it is not safe to convict on its basis unless there is adequate corroborative material
[4/13, 15:39] Vinothpandian: 2019 (4) SCC 125 : state of madhya pradesh vs vikram das : powers under art 142 of the constitution of india cannot be invoked to impose jail sentence less than minimum sentence
[4/13, 15:39] Vinothpandian: 2014 (2) DRTC 810 ( delhi ) : Dena bank vs AAIFR : An interim order is only an aid or an arrangement which entitles parties to main proceedings to work out modalities till final adjudication , till measures taken by the bank under sec 13(4) of SARFASI act are set aside , it cannot be said to be invalid or illegal
[4/13, 15:39] Vinothpandian: 2012 (1) All india criminal LR SC 610 : sarojben Ashwin kumar shah vs state of gujarat : The power to summon an accused is an extraordinary power conferred on the court and should be used very sparingly and only if compelling reasons exist for taking cognizance against the other person against whom action.has not been taken , power under section.319 of CRPC cannot be exercised so as to conduct fishing inquiries
[4/13, 15:39] Vinothpandian: 2012 (3),All india criminal LR 446 : ND nair vs george martin : Award passed by the lok adalat which has all the trappings and characteristics of a decree , passed by a civil court or an order of any other court has to be put in execution as though it had been passed by a civil court
[4/13, 15:39] Vinothpandian: 2012 (4) All india criminal LR (DB ) 760 : chota singh vs state of punjab : first and foremost ingredient for commission of any offence is motive , then comes meeting of mind and mens rea , each case is to be decided on its own peculiar facts and attending circumstances