Only the drawer of the cheque who can be made an accused in any proceeding under Section 138 of the Negotiable Instruments Act, 1881.
Equal Pay; D.M. Jadeja Vs. Gujarat Tourism Development Corporation Limited [Gujarat High Court, 11-01-2017]
Unless there is complete and wholesale/wholesome identity between the two posts they should not be treated as equivalent and the Court should avoid applying the principle of equal pay for equal work.
Criminal P.C. 1973 – S. 195 r/w. 340 – Penal Code, 1860 – Ss. 365, 294(b), 506(1), 193, 195, 196, 203, 211, 220, 327, 342, 344, 120-B & 114 – Narcotic Drugs and Psychotropic Substances Act, 1985 – Ss. 32(b), 58, 59, 22, 8(c) & 20(b) – Arms Act, 1959 – Ss. 25(1) & 29 – Prevention […]
The parameters for quashing proceedings in a criminal complaint are well known. If there are triable issues, the Court is not expected to go into the veracity of the rival versions but where on the face of it, the criminal proceedings are abuse of Court’s process, quashing jurisdiction can be exercised.
Criminal Breach of Trust; Parthkumar Ramniklal Kalavadiya Vs. State [Gujarat High Court, 09-12-2016]
Every act of breach of trust may not be resulted in a penal offence of criminal breach of trust unless there is evidence of manipulating act of fraudulent misappropriation. An act of breach of trust involves a civil wrong in respect of which the person may seek his remedy for damages in civil courts but […]
Quashing of Complaint – Abuse of process of the Court – There is no enough material to arraign the petitioners in commission of crime as none of the ingredients of the alleged offence are ex-facie available. Hence, the compliant qua present petitioners is quashed and set aside consequently all subsequent proceedings are also held and liable to […]
Service Law; Jayshreeben Krishnalal Somani Vs. Central Bank of India [Gujarat High Court, 07-11-2016]
Bank (Officers’) Service Regulations – Regulation 19 – Voluntary Retirement – the Court will have to construe the statutory provisions in each case to find out whether the termination of service of an employee was a termination by way of resignation or a termination by way of voluntary retirement and while construing the statutory provisions, the Court should […]
Bank Guarantee; Fernas Construction Company Inc Vs. Gujarat State Petronet Ltd. [Gujarat High Court, 21-10-2016]
Bank Guarantee – Any existence of dispute between the parties to the contract cannot be a ground to restrain from evoking the bank guarantee. # Bank Guarantee
Limitation; Union of India Vs. Gujarat State Electricity Corporation Ltd. [Gujarat High Court, 21-10-2016]
Railway Claims Tribunal Act, 1987 – Section 23 – Existing power to condone delay in a statute cannot be treated to have excluded the provision of the Limitation Act expressly or impliedly. # Limitation
Criminal Procedure Code, 1973 – Section 125 – Maintenance – Wife suppressed her true income – not stated the correct facts on oath – often it is found that the litigants coming before the Court chose to speak blatant lies and do so with complete impudence – Laws which are otherwise in favour of the distressed wife when are […]
Criminal Procedure Code, 1973 – Warrant – the Court cannot issue warrant in aid of investigation prior to filing of chargesheet. Issuance of warrant, without serving notice or bailable warrant and that too in aid of investigation without direction to produce the accused before the appropriate Court is liable to set aside. Criminal Procedure Code, 1973 – Judicial Custody – […]
Narcotics Drugs and Psychotropic Substances Act, 1985 – Ss. 8 (c) 17 & 29 – Small and Commercial Quantity – Principal of proportionality – Should be followed in deserving cases. Quantity of contraband article ‘opium’ seized was weighing 1 kg and 430 gm. The punishment prescribed for possession of small quantity of contraband article ‘opium’ weighing […]
Scheduled Castes & Scheduled Tribes; Govidbhai Dhanjibhai Makwana Vs. Tarun Amrutlal Sheth [Gujarat High Court, 07-10-2016]
Penal Code, 1860 – Ss. 153, 153 (a), 153 (b) & 505 (2) – Scheduled Castes & Scheduled Tribes [Prevention of Atrocities] Act, 1989 – Ss. 3 (ix) and 3  (x) – Protection of Civil Rights Act, 1955 – Ss. 7(c) & (d) – No prior sanction as envisaged under Section 196 (a)CrPC is sought by the petitioner […]
ContentsSections 258, 259, 260, 261, 262, 465, 468, 471, 474, 120B, 34, and 144 of the Indian Penal Code.(1) Ajoy Kumar Ghose v. State of Jharkhand and Anr. Reported in AIR 2009 Supreme Court 22822. Sushil Kumar and other v. State of Haryana reported in AIR 1988 SC 4193. K.V. R Iyyangar, Petitioner v. State […]
ContentsIN THE HIGH COURT OF GUJARAT AT AHMEDABADPrevention of Food Adulteration Act, 1954[i] Pepsico India Holdings Private Limited v. Food Inspector and another reported in 2011(1) SCC 176Medicamen Biotech Limited and another v. Rubina Bose, Drug Inspector reported in 2008(7) SCC 196Gupta Chemicals Private Limited and others v. State of Rajasthan and another reported in […]