Saturday, 26 January 2019

Cheating—Promotion of quick money scheme by knowingly making false representation of doubling the money—Offence of cheating made out.

Theft of electricity by a company--Prosecution of directors of company-- It was obligatory on the part of the complainant not only to make requisite averments in the complaint petition but also to prove that any of the Directors who had been prosecuted for alleged commission of the aforementioned offence was incharge of and was otherwise responsible for the conduct or the affairs of the Company

Common intention--In order to bring in the concept of common intention it is to be established that there was simultaneously consensus of the minds of the persons participating in the act to bring about a particular result.

Decree against dead person--Death of defendant pending appeal--An application made for substitution of legal representatives, but no order passed by Court through inadvertence--Decree drawn against dead defendant--Decree executable against legal representatives--It was essentially a technical error--Held, act of court should do no harm to a litigant-- Civil Procedure Code, 1908, Section 47--Civil Procedure Code, 1908, Order 23 Rule 2.      

Written Statement--Acceptance of--Trial Court can accept written statement after 90 days.

Election symbol--A recognized political party would have a right of exclusive use of the symbol but the Symbols Order makes it very clear that such right to use the symbol can be lost with the dismal performance of the party.

Award—Clause in agreement for no increase in price during stipulated time of completion—Delay attributed to company giving contract—Contractor entitled to increase in price after stipulated time.

Criminal Law--Bail--Grant of--Though detailed examination of the evidence and elaborate documentation of the merits of the case is to be avoided by the Court while passing orders on bail applications, yet a court dealing with the bail application should be satisfied as to whether there is a prima facie case, but exhaustive exploration of the merits of the case is not necessary

During pendency of appeal bail allowed in the year 2006--The incident is 30 years old and after being released in 2006 on bail, it will not be proper to send the accused back to jail, more particularly, because nothing has been stated against him regarding his indulgence in any criminal activity--Sentence reduced to already undergone--Penal Code, 1860, Section 326.