Crl. Rev. P. No. 5 of 2017

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Crl. Rev. P. No. 5 of 2017"

Transcription

1 Crl. Rev. P. No. 5 of 2017 BEFORE HON BLE MR. JUSTICE MANASH RANJAN PATHAK Heard Mr. Pallab Kataki, learned counsel for the petitioner. Also heard Mr. Nava Kumar Kalita, learned Additional Public Prosecutor, Assam for the respondent No. 1 and Mr. AmritLalMandal, learned counsel for the respondent No In N.I. Case No. 30/2014 preferred by the respondent No. 2 as complainant, the Trial Court, i.e. the Additional Chief Judicial Magistrate, Barpeta by judgment dated convicted the petitioner under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to undergo simple imprisonment for a period of 30 (thirty) days and also to pay a fine of Rs. 3,90,000/- only, under Section 138 N.I. Act, in default of payment of fine to undergo simple imprisonment for a period of 30 (thirty) days, observing that the amount already paid by the accused petitioner to the complainant shall be deducted from the total fine amount and the remaining fine amount, if realised, shall be paid to the complainant as compensation under section 357(1)(b) Cr.P.C. for his loss or injury caused by the offence. 3. Against that conviction, the petitioner preferred an appeal before Sessions Judge, Barpeta with a delay condonation petition. After hearing the parties such delay was condoned and said appeal being Criminal Appeal No. 07 of 2016 was admitted for hearing by the appellate Court. However, in said appeal the petitioner by filing a petition bearing No. 342/2016 admitted his liability to pay the fine amount of Rs. 3,90,000/- after deducting the amount already paid and sought for time to make payment of the fine amount and prayed for setting aside the sentence of imprisonment, to which the respondent No.2/complainant did not object in setting aside the said sentence of imprisonment. 4. After hearing the submissions of both the parties, learned Sessions Judge, Barpeta by judgment dated disposed of said Criminal Appeal No. 07 of 2016 of the petitioner by setting aside the sentence of imprisonment upholding the sentence to pay the fine of Rs.3,90,000/-after deducting the amount which is all to be paid by him to the respondent No. 2. Crl. Rev. P. No. 5 of 2017 Page 1 of 8

2 5. Thereafter both the petitioner and the respondent No.2 appeared before the Additional Chief Judicial Magistrate, Barpeta on for compliance of the order passed by the said Magistrate on in said N.I. Case No. 30/2014. However, the petitioner sought some time to make the necessary payment and accordingly the matter was re-fixed on But the petitioner failed to make the payment as such he was remanded to jail custody till and it was extended twice till , when he was released from jail. 6. As the petitioner failed to pay his liability amounting to Rs.3,25,000/- the respondent No. 2 filed a petition bearing No.6259/2016 before the Addl. CJM, Barpeta and the learned Magistrate on came to the finding that if there is an order for payment of compensation out of fine under Section 357 Cr.P.C., even the fact of undergoing the defaulting sentence does not absolve the liabilities of the convict to pay the amount due as provided under Section 421 Cr.P.C. and considering all the aspects, called for a report from the Drawing and Disbursing Officer (DDO) of the petitioner about his salary and status. The concerned DDO (the Commandant of First Assam Forest Protection Force, Basistha, Guwahati) in his report submitted before the Magistrate that the petitioner draws salary of Rs. 23,342/- per month. Finding the same, the Addl. CJM, Barpeta by his Order dated passed in said N.I. Case No. 30/2014 directed the said DDO to deduct Rs.15,000/- per month from the salary of the petitioner and to credit the said amount in favour of the bank Account of the respondent No. 2/complainant, until the recovery of the said amount Rs.3,25,000/- from the convict petitioner observing further that the DDO shall submit his compliance report before the Court forthwith. 7. Being aggrieved with the said order dated and all the subsequent orders, including the order dated , passed by the Addl. CJM, Barpeta in said N.I. Case No. 30/2014, the petitioner has preferred this revision petition. 8. Mr. Kataki on behalf of the petitioner contended that the Magistrate have passed the impugned order without any jurisdiction and without affording any opportunity of hearing to the petitioner. He further contended that salary account of the petitioner may be movable property, but it is not liable for attachment and sale and that the Court is not empowered under Section 421(a) Cr.P.C. to issue warrant for attachment and sale of any property, like the salary, the monetary Crl. Rev. P. No. 5 of 2017 Page 2 of 8

3 benefits of the petitioner, in the present case. It is also stated by him that the Magistrate is not empowered to attach future salary of the petitioner, since it cannot be considered to be a movable property, as it doesn t come into his hand. 9. As such, it is submitted that the impugned order dated and all subsequent orders, passed by learned Addl. CJM, Barpeta in said N.I. Case No. 30/2014, being bad in law, should be set aside and quashed. 10. In this regard the petitioner relied upon two judgments, one from the Calcutta High Court and other from the Mysore High Court, reported in AIR 1956 Calcutta 135 ( Rajendra Nath Ghose -Vs- Brojabala Ghose) and 1965 (2) Crl. L.J. 293 (The State -Vs- Doraiswamy and others) respectively. 11. On the other hand Mr. Mandal appearing for the respondent No. 2/ complainant submits that Section 421 Cr.P.C. provides for recovery of fine/ compensation from the accused and that where out of fine amount imposed, compensation has been directed to be paid and in the present case, attempts to recover the said amount under the said Section 421 Cr.P.C. has to be continued even after the default sentence is undergone by the offender, as his liability to pay the due amount continues. It is also submitted by Mr. Mandal that the Court has the power to grant compensation under Section 357(3) Cr.P.C. and for recovery of the same it is necessary for imposition of a default sentence and the term of imprisonment in default of payment of fine is not the sentence but the penalty which is imposed upon the offender in case of non-payment of fine where the sentence is something which an offender must undergo, unless it is set aside or admitted in part or in whole either in appeal or in revision or in other appropriate judicial proceeding or otherwise and that in case of default sentences in order of enforcing recovery of the amount imposed by way of compensation. Mr. Mandal further submitted that the order for payment of compensation under Section 357 Cr.P.C. is towards the loss caused due to the offence under Section 138 of the N.I. Act and even if fine is not imposed, the compensation can be directed to be paid under Section 357(3) Cr.P.C. for a loss or injury caused to the complainant by reason of commission of offence under Section 138 of the N.I. Act. 12. In support of the impugned order dated as well as the subsequent orders, including the order dated , passed by the Addl. CJM, Crl. Rev. P. No. 5 of 2017 Page 3 of 8

4 Barpeta in said N.I. Case No. 30/2014, placed the following judgments in favour of the respondent No. 2, which are (2007) 6 SCC 528 (Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd. and another), (2009) 6 SCC 652 (Vijayan vs. Sadanandan K. and another), (2010) 6 SCC 230 (K.A. Abbas HSA vs. Sabu Joseph & another), 1983 Crl. L.J. 479 (Ahmed Pasha -Vs- WajidUnissa and others) and 2009 Crl.L.J. 309 (Shine Varghese -Vs- State of Karnataka and others). 13. Considered the arguments made by the learned counsels on behalf of their parties and the judgments cited by them in their support. 14. In the present case the petitioner was convicted under Section 138 of the Negotiable Instrument Act and was sentenced to undergo simple imprisonment for a period of 30 (thirty) days and further to pay a fine of Rs.3,90,000/- under Section 138 of the N.I. Act and in default of payment of fine, he was to undergo simple imprisonment for a period of 30 (thirty) days. Before the appellate Court, the petitioner by filing petition agreed to pay the fine amount of Rs.3,90,000/- after deducting the amount already paid, with the prayer to set aside the sentence of his imprisonment. As the petitioner admitted his guilt and agreed to pay the fine amount; accordingly, the appellate Court, i.e. the Court of Sessions Judge, Barpeta by its Judgment dated passed in Criminal Appeal No. 07/2016 disposed of the said appeal by partly allowing the same and modified the Judgment and Order dated passed by the Trial Court, i.e. the Court of Additional Chief Judicial Magistrate, Barpeta in the N.I. Case No. 30/2014 by setting aside the sentence of imprisonment for a period of 30 (thirty) days, but upheld the sentence of payment of fine amount of Rs.3,90,000/-, after deducting the amount already paid and directed both the parties to appear before the Addl. CJM, Barpeta on As the petitioner did not pay the fine amount, in default, the said convict was remanded to the jail custody by the Addl. CJM, Barpeta by his order dated Since the petitioner did not comply with the direction of the trial Court that was upheld by the appellate Court and in spite of his own admission, he did not deposit the said fine amount, in that background the Addl. CJM, Barpeta by order dated passed in said N.I. Case No. 30/2014 directed the DDO of the petitioner to deduct Rs.15,000/- per month from his salary and to credit the Crl. Rev. P. No. 5 of 2017 Page 4 of 8

5 said amount in the account of the respondent No. 2/complainant, until the recovery of said Rs. 3,25,000/- from the convict petitioner. 16. The question involves in this case is as to whether fine imposed in a proceeding under Section 138 of the N.I. Act can be realized by attaching salary/future salary of the convict until the recovery of such fine or not as it is contended on behalf of the petitioner that the future salary is not a tangible corporeal property, within the meaning of the term, available for seizure and the same would not belong to the offender because he could not be said to have earned the same and therefore, there could be no attachment of future salary. 17. Section 421 Cr.P.C. provides for warrant for levy of fine and it reads as 421. Warrant for levy of fine. (1) When an offender has been sentenced to pay a fine, the Court passing the sentence make action for the recovery of the fine in either or both of the following ways, that is to say, it may - (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the district, authorizing him to realize the amount as arrears of land revenue from the movable or immovable property, or both of the defaulters; Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section Section 22 of the IPC defines movable property and it reads as 22. Movable Property. "The words "moveable property" are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth." 19. Movable property is not defined in the Cr.P.C. Section 2 of the Cr.P.C. relates to Definitions and Section 2(y) of the Cr.P.C. provides that 2(y) words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that Code." 20. But Section 2 of the Cr.P.C. starts as follows: 2. Definitions. In this Code, unless the context otherwise requires, Crl. Rev. P. No. 5 of 2017 Page 5 of 8

6 21. In the present case the context is to recover the sentenced fine amount that was admitted by the convict petitioner and assured to repay the same before the appellate Court by filing petition on the basis of which his sentence of conviction (imprisonment) was set aside in his appeal. 22. The Cr.P.C. being Central Legislation, as such its interpretations would be as per the provisions of the General Clauses Act, 1897, where Section 3 of the said 1897 Act relates to definitions. Sub-Section 26 of Section 3 defines immovable property where sub-section 36 of said Section 3 of the 1897 Act defines 'movable property' and both the sub-sections reads as follows: "3(26) moveable property,shall include land, benefits to arise out of land, and things attached to earth, or permanently fastened to anyting attached to the earth. "3(36) moveable property,shall mean property of every description, except immoveable property". 23. Therefore, as per the provisions of the General Clauses Act, 1897, movable property consists of both the tangible corporeal moveable property as well as the intangible moveable property including assets, debts, right to receive the wages and salary from employer, etc. and the same is applicable in case of Section 421 Cr.P.C. in the context of the present case. 24. It is admitted by the parties that money is a movable property. But only grievance of the petitioner is that the fine amount that has been imposed upon him as a part of the sentence, upheld by the appellate Court cannot be recovered by warrant of attachment from his future salary, as directed by the trial Court by the impugned order since his future salary is not a tangible corporeal property. 25. Hon ble Supreme Court in a Full Bench (Five Judges) decision in the case of Chittarmal -Vs- Shah Pannalal Chandulal, reported in AIR 1965 SC 1440 have held that The expression "property" is not defined in the Code (CPC), but having regard to the use of the expression amount it would apparently include money. 26. Hon ble Supreme Court in another Full Bench (Five Judges) decision in the case of Khem Chand -Vs- Union of India and others, reported in AIR 1963 SC 687 relating to suspension from service under Central Civil Services (Classification, Control and Appeal) Rules, 1957 have held that the right to arrears of pay and Crl. Rev. P. No. 5 of 2017 Page 6 of 8

7 allowances constituted property within the meaning of Art (19)(1)(f) of the Constitution and further, that the effect of R. 12 (4) is a substantial restriction of his right in respect of that property under Art. 19(1) (f). 27. In another Full Bench (Five Judges) decision in the case of Bombay Dyeing and Manufacturing Co. Ltd. -Vs- State of Bombay, reported in AIR 1958 SC 328 with regard to transfer of the debts to the Board, the amounts were required to be paid by the employer to the Board concerned, the Hon ble Supreme Court considered the same to be a too narrow a view of the true scope of the provisions in the said case and looking at the substance of the matter, held that provisions involved in the case do operate to transfer the debts due to the employees, to the Board. 28. It is settled that debts and choses-in-action, is property. In the case of H.H. Maharajadhiraja Madhav Rao Jiwaji Rao Scindia Bahadur -Vs- Union of India, reported in (1971) 1 SCC 85 the Hon ble Apex Court have held that a debt or a liability to pay money passes through four stages. First there is a debt not yet due. The debt has not yet become a part of the obligor s things because no net liability has yet arisen. The second stage is when the liability may have arisen but is not either ascertained or admitted. Here again the amount due has not become a part of the obligor s things. The third stage is reached when the liability is both ascertained and admitted. Then it is property proper of the debtor in the creditor s hands. The law begins to recognise such property in insolvency, in dealing with it in fraud of creditors, fraudulent preference of one creditor against another, subrogation, equitable estoppel, stoppage intransitu etc. A credit-debt is then a debt fully provable and which is fixed and absolutely owing. The last stage is when the debt becomes a judgment-debt by reason of a decree of a Court. 29. From the perusal of the impugned Order dated passed by the learned Addl. CJM, Barpeta in said N.I. Case No. 30/2014, it can be seen that the warrant for attachment of future salary for recovery of fine amount was passed under clause (a) of Section 421 (1) Cr.P.C. 30. Though future salary may not belong to the petitioner as he cannot be said to have earned the same but, the Court is of the view that the order of recovery of fine from the future salary would become operative at that point when the same accumulates and becomes due to the petitioner to be payable to him by his employer and up to that time the direction given in the impugned attachment order of the petitioner s future salary would remain quiet. Crl. Rev. P. No. 5 of 2017 Page 7 of 8

8 31. In catena of decisions, for the ends of justice, the Hon ble Supreme Court have directed any balance or remains to be adjusted in easy monthly installments from the future salary of incumbents or if the amount of back wages even after setting off any balance of retrenchment compensation still remains, directed to be adjusted by deducting certain percentile from the periodic salary payable to such workman or any payment found due to someone by a service holder, directed to adjust the same from his future salary payable to the said person. 32. For the reasons above, being devoid of merit, this petition is dismissed. JUDGE gunajit Crl. Rev. P. No. 5 of 2017 Page 8 of 8

CRP No. 216/2014 VERSUS. Mahendra Kumar Choukhany & Ors. CRP No. 220/2014 VERSUS. Bajrang Tea manufacturing Co. [P] Ltd.

CRP No. 216/2014 VERSUS. Mahendra Kumar Choukhany & Ors. CRP No. 220/2014 VERSUS. Bajrang Tea manufacturing Co. [P] Ltd. IN THE GAUHATI HIGH COURT (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) The Federal Bank Ltd. Petitioner VERSUS Mahendra Kumar Choukhany & Ors. Respondents CRP No. 220/2014 The Federal

More information

IN THE HIGH COURT OF MADRAS. C.R.P. (NPD) No. 574 of Decided On:

IN THE HIGH COURT OF MADRAS. C.R.P. (NPD) No. 574 of Decided On: MANU/TN/3588/2011 Equivalent Citation: 2011(6)CTC11 IN THE HIGH COURT OF MADRAS C.R.P. (NPD) No. 574 of 2011 Decided On: 26.08.2011 Appellants: Kotak Mahindra Bank Ltd. Vs. Respondent: Sivakama Sundari

More information

THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981

THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981 81 THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981 82 THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981 Rules Contents Page No. 1. Title 83 2. Definition 83

More information

11. To give effect to this guarantee, the IRBI may act as though the guarantors were the principal debtor to the IRBI. 6. The appellant sanctioned the

11. To give effect to this guarantee, the IRBI may act as though the guarantors were the principal debtor to the IRBI. 6. The appellant sanctioned the Hon'ble Judges: Dalveer Bhandari and H.L. Dattu, JJ. Dalveer Bhandari, J. IN THE SUPREME COURT OF INDIA Civil Appeal No. 4613 of 2000 Decided On: 18.08.2009 Industrial Investment Bank of India Ltd. Vs.

More information

IN THE HIGH COURT OF DELHI : NEW DELHI SUBJECT : CODE OF CRIMINAL PROCEDURE. W.P. Crl. No. 1029/2010. Decided on: 9th August, 2011.

IN THE HIGH COURT OF DELHI : NEW DELHI SUBJECT : CODE OF CRIMINAL PROCEDURE. W.P. Crl. No. 1029/2010. Decided on: 9th August, 2011. IN THE HIGH COURT OF DELHI : NEW DELHI SUBJECT : CODE OF CRIMINAL PROCEDURE W.P. Crl. No. 1029/2010 Decided on: 9th August, 2011. DEEPAK GARG Through: Mr. Vijay Agarwal, Advocate.... Petitioner versus

More information

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NO OF 2017 (Arising out of SLP(Crl.) No.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NO OF 2017 (Arising out of SLP(Crl.) No. REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1534 OF 2017 (Arising out of SLP(Crl.) No.1439 of 2017) N. Harihara Krishnan Appellant Versus J. Thomas Respondent

More information

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 911 2007 Ejaj Ahmad Petitioner Vs. 1. The State of Jharkhand 2. Binay Kumar Opposite Parties CORAM: HON BLE MR. JUSTICE PRASHANT KUMAR For the Petitioner:

More information

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Company Appeals (AT) No.101 to 105 of 2017 (arising out of Order dated 06.02.2017 passed by the National Company Law Tribunal, New Delhi in CP Nos. 16/152/2015,

More information

INTERNATIONAL JOURNAL OF MANAGEMENT (IJM)

INTERNATIONAL JOURNAL OF MANAGEMENT (IJM) INTERNATIONAL JOURNAL OF MANAGEMENT (IJM) ISSN 0976-6502 (Print) ISSN 0976-6510 (Online) Volume 7, Issue 2, February (2016), pp. 177-182 http://www.iaeme.com/ijm/index.asp Journal Impact Factor (2016):

More information

W.P.(C) No.5740 of 2001 P R E S E N T HON BLE MR. JUSTICE NARENDRA NATH TIWARI

W.P.(C) No.5740 of 2001 P R E S E N T HON BLE MR. JUSTICE NARENDRA NATH TIWARI BY COURT: 1 W.P.(C) No.5740 of 2001 (In the matter of an application under Articles 226 and 226 of the Constitution of India) Parmanand Pandey & Anr.. Petitioners. Versus The State of Jharkhand & Ors.....

More information

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NO. 932 OF 2016 (Arising out SLP (Crl.) No.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NO. 932 OF 2016 (Arising out SLP (Crl.) No. IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 932 OF 2016 (Arising out SLP (Crl.) No. 7284 of 2016) CHANDRAKESHWAR PRASAD @ CHANDU BABU Petitioner(s) VERSUS STATE OF

More information

No. 5 of 1992 VIRGIN ISLANDS DRUG TRAFFICKING OFFENCES ACT, 1992

No. 5 of 1992 VIRGIN ISLANDS DRUG TRAFFICKING OFFENCES ACT, 1992 No. 5 of 1992 VIRGIN ISLANDS DRUG TRAFFICKING OFFENCES ACT, 1992 ARRANGEMENT OF SECTIONS Section 1. Short title and commencement. 2. Interpretation. 3. Meaning of "corresponding law". 4. Provisions as

More information

EXECUTION PROCEEDINGS FEW POINTS ON LIMITATION TO REMEMBER. Auction Purchase under Order 21 rule 95 CPC

EXECUTION PROCEEDINGS FEW POINTS ON LIMITATION TO REMEMBER. Auction Purchase under Order 21 rule 95 CPC EXECUTION PROCEEDINGS FEW POINTS ON LIMITATION TO REMEMBER For delivery of possession by Court Auction Purchase under Order 21 rule 95 CPC For enforcement of a decree granting Mandatory Injunction under

More information

THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 ARRANGEMENT OF SECTIONS

THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 ARRANGEMENT OF SECTIONS THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 ARRANGEMENT OF SECTIONS SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER

More information

THE ADMINISTRATORS-GENERAL ACT, 1963

THE ADMINISTRATORS-GENERAL ACT, 1963 THE ADMINISTRATORS-GENERAL ACT, 1963 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II 3. Appointment of Administrator-General.

More information

SMALL CLAIMS COURT ACT

SMALL CLAIMS COURT ACT LAWS OF KENYA SMALL CLAIMS COURT ACT NO. 2 OF 2016 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org Small Claims Court No. 2 of 2016 Section

More information

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 ARRANGEMENT OF SECTIONS

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 ARRANGEMENT OF SECTIONS SECTIONS THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 1. Short title, extent and commencement. 2. Definitions. ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY CHAPTER II 3. Definitions of domestic

More information

CHAPTER 3:04 SUMMARY JURISDICTION (APPEALS) ACT ARRANGEMENT OF SECTIONS

CHAPTER 3:04 SUMMARY JURISDICTION (APPEALS) ACT ARRANGEMENT OF SECTIONS Summary Jurisdiction (Appeals) 3 CHAPTER 3:04 SUMMARY JURISDICTION (APPEALS) ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. MAKING OF APPEAL 3. (1) Right of appeal. (2) Appeals

More information

THE SECURITY INTEREST (ENFORCEMENT) RULES,

THE SECURITY INTEREST (ENFORCEMENT) RULES, THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 1 In exercise of the powers conferred by sub-section (1) and clause (b) of sub-section (2) of Section 38 read with subsections (4), (10) and (12) of section

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Date of decision: 17th July, 2013 RFA 383/2012. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Date of decision: 17th July, 2013 RFA 383/2012. Versus IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Date of decision: 17th July, 2013 RFA 383/2012 DESIGN WORKS Through: Mr. Kuldeep Kumar, Adv.... Appellant Versus ICICI BANK LTD... Respondent

More information

Misuse of Section 498-A IPC and Dowry Prohibition Act Vis-à-vis Human Rights: Need for Statutory changes

Misuse of Section 498-A IPC and Dowry Prohibition Act Vis-à-vis Human Rights: Need for Statutory changes Misuse of Section 498-A IPC and Dowry Prohibition Act Vis-à-vis Human Rights: Need for Statutory changes By Prof (Dr) Mukund Sarda 1. Increasing number of false cases of Dowry harassment against the husbands

More information

Ashan Devi & Anr vs Phulwasi Devi & Ors on 19 November, 2003

Ashan Devi & Anr vs Phulwasi Devi & Ors on 19 November, 2003 Supreme Court of India Ashan Devi & Anr vs Phulwasi Devi & Ors on 19 November, 2003 Author: Dharmadhikari Bench: Shivaraj V. Patil, D.M. Dharmadhikari. CASE NO.: Appeal (civil) 3130 of 2002 Special Leave

More information

CRP No. 429 of The Ahmed Tea Co. (Pvt.) Ltd., K.N.C.B. Path, Boiragimath, Dibrugarh, Assam, represented by its Director Mrs. Nazrana A. Islam.

CRP No. 429 of The Ahmed Tea Co. (Pvt.) Ltd., K.N.C.B. Path, Boiragimath, Dibrugarh, Assam, represented by its Director Mrs. Nazrana A. Islam. THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram & Arunachal Pradesh) CRP No. 429 of 2008 The Ahmed Tea Co. (Pvt.) Ltd., K.N.C.B. Path, Boiragimath, Dibrugarh, Assam, represented by its

More information

SAINT VINCENT AND THE GRENADINES PROCEEDS OF CRIME AND MONEY LAUNDERING (PREVENTION) ACT 2001 ARRANGEMENT OF SECTIONS PART I PRELIMINARY

SAINT VINCENT AND THE GRENADINES PROCEEDS OF CRIME AND MONEY LAUNDERING (PREVENTION) ACT 2001 ARRANGEMENT OF SECTIONS PART I PRELIMINARY SAINT VINCENT AND THE GRENADINES PROCEEDS OF CRIME AND MONEY LAUNDERING (PREVENTION) ACT 2001 ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1 Short title commencement and application 2. Interpretation 3 Value

More information

Debtors 1 LAWS OF MALAYSIA REPRINT. Act 256 DEBTORS ACT Incorporating all amendments up to 1 January 2006

Debtors 1 LAWS OF MALAYSIA REPRINT. Act 256 DEBTORS ACT Incorporating all amendments up to 1 January 2006 Debtors 1 LAWS OF MALAYSIA REPRINT Act 256 DEBTORS ACT 1957 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION

More information

SHERIFFS AND CIVIL PROCESS ACT CHAPTER 407 LAWS OF THE FEDERATION OF NIGERIA 1990

SHERIFFS AND CIVIL PROCESS ACT CHAPTER 407 LAWS OF THE FEDERATION OF NIGERIA 1990 SHERIFFS AND CIVIL PROCESS ACT CHAPTER 407 LAWS OF THE FEDERATION OF NIGERIA 1990 Arrangement of Sections 1. Short title. Part I Short Title 2. Interpretation. Part II Interpretation Sheriff and Deputy

More information

Table of Contents PART 1 ESTABLISHMENT OF THE COURTS The Courts Seal of Courts... 16

Table of Contents PART 1 ESTABLISHMENT OF THE COURTS The Courts Seal of Courts... 16 ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015 Table of Contents Section Page PART 1 ESTABLISHMENT OF THE COURTS... 16 1. The Courts... 16 2. Seal of Courts...

More information

CHAPTER VI. The Nyaya Panchayat

CHAPTER VI. The Nyaya Panchayat 57 CHAPTER VI The Nyaya Panchayat 4. Establishment of Nyaya Panchayat () The State Government or the prescribed authority shall divide a district into circles, each circle comprising as many areas subject

More information

W.P. (C) No. 45 of 2013

W.P. (C) No. 45 of 2013 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) A I Z A W L B E N C H :: A I Z A W L W.P. (C) No. 45 of 2013 Sh. J. Vanlalchhuanga, S/o Ralkapliana R/o Ramhlun,

More information

THE EDUCATIONAL TRIBUNALS BILL, 2010

THE EDUCATIONAL TRIBUNALS BILL, 2010 TO BE INTRODUCED IN LOK SABHA CLAUSES THE EDUCATIONAL TRIBUNALS BILL, 2010 ARRANGEMENT OF CLAUSES CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 2. Applicability of Act. 3. Definitions.

More information

LAWS OF TRINIDAD AND TOBAGO SUMMARY COURTS ACT CHAPTER 4:20

LAWS OF TRINIDAD AND TOBAGO SUMMARY COURTS ACT CHAPTER 4:20 SUMMARY COURTS ACT CHAPTER 4:20 2 of 1919 28 of 1921 62 of 1921 6 of 1923 32 of 1925 22 of 1936 14 of 1939 21 of 1943 36 of 1947 24 of 1948 24 of 1951 20 of 1953 18 of 1957 175/1958 11 of 1961 172/1961

More information

All India Bar Examination Model Question Paper 1: Answers and Explanations

All India Bar Examination Model Question Paper 1: Answers and Explanations Part I All India Bar Examination Model Question Paper 1: Answers and Explanations Question 1: The correct answer is (c). Section 89 of the CPC expressly provides for alternative dispute resolution. Section

More information

CHAPTER I PRELIMINARY. 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II THE ADVISORY BOARDS

CHAPTER I PRELIMINARY. 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II THE ADVISORY BOARDS SECTIONS THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY 1. Short title, extent, commencement and application. 2. Definitions. 3. Central Advisory

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) WP(C) No.

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) WP(C) No. IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) -Vs- WP(C) No. 1846/2010 Sri Ram Prakash Sarki, Constable (Since dismissed from

More information

IN THE COURT OF APPEAL. and GRENADA TELECOMMUNICATIONS LTD. Mr. P. R. Campbell for the Appellant Mr. S. E. Commissiong for the Respondent

IN THE COURT OF APPEAL. and GRENADA TELECOMMUNICATIONS LTD. Mr. P. R. Campbell for the Appellant Mr. S. E. Commissiong for the Respondent SAINT VINCENT & THE GRENADINES CIVIL APPEAL NO.1 OF 1997 IN THE COURT OF APPEAL BETWEEN: ESLEE CARBERRY and GRENADA TELECOMMUNICATIONS LTD Appellant Respondent Before: The Hon. Mr. C.M. Dennis Byron Chief

More information

IN THE HIGH COURT OF DELHI : NEW DELHI. SUBJECT : Bihar Shops and Establishment Act, W.P.(C) No. 5114/2005. Judgment decided on:

IN THE HIGH COURT OF DELHI : NEW DELHI. SUBJECT : Bihar Shops and Establishment Act, W.P.(C) No. 5114/2005. Judgment decided on: IN THE HIGH COURT OF DELHI : NEW DELHI SUBJECT : Bihar Shops and Establishment Act, 1956 W.P.(C) No. 5114/2005 Judgment decided on: 14.02.2011 C.D. SINGH Through: Mr Ranjan Mukherjee, Advocate....Petitioner

More information

OF THE REPUBLIC OF NAMIBIA CONTENTS. No. 38 Promulgation of Magistrates' Court Amendment Act, 1999 (Act I of 1999), of the Parliament...

OF THE REPUBLIC OF NAMIBIA CONTENTS. No. 38 Promulgation of Magistrates' Court Amendment Act, 1999 (Act I of 1999), of the Parliament... GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$I.28 WINDHOEK 9 March 1999 No. 2058 CONTENTS Page GOVERNMENT NOTICE No. 38 Promulgation of Magistrates' Court Amendment Act, 1999 (Act I of 1999), of the

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE THE HON'BLE MR. JUSTICE N.K.PATIL AND THE HON BLE MR.JUSTICE PRADEEP D. WAINGANKAR

IN THE HIGH COURT OF KARNATAKA AT BANGALORE THE HON'BLE MR. JUSTICE N.K.PATIL AND THE HON BLE MR.JUSTICE PRADEEP D. WAINGANKAR 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 13 TH DAY OF MAY 2014 PRESENT THE HON'BLE MR. JUSTICE N.K.PATIL AND THE HON BLE MR.JUSTICE PRADEEP D. WAINGANKAR BETWEEN WRIT APPEAL NO.2828

More information

I have had the benefit of perusing the judgment of my. esteemed learned brother, Hon ble Justice Shri S.B. Sinha,

I have had the benefit of perusing the judgment of my. esteemed learned brother, Hon ble Justice Shri S.B. Sinha, TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL NEW DELHI DATED 18 th JULY, 2011 Petition No. 275 (C) of 2009 Reliance Communications Limited.. Petitioner Vs. Bharat Sanchar Nigam Limited..... Respondent

More information

2. The effect of a judgment passed in a criminal proceeding on a pending civil proceeding is the question involved herein.

2. The effect of a judgment passed in a criminal proceeding on a pending civil proceeding is the question involved herein. Supreme Court of India Vishnu Dutt Sharma vs Daya Sapra on 5 May, 2009 Author: S Sinha Bench: S.B. Sinha, Mukundakam Sharma REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL

More information

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE BUDIHAL. R.B. CRIMINAL APPEAL No.2686/2009

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE BUDIHAL. R.B. CRIMINAL APPEAL No.2686/2009 : 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 18 TH DAY OF DECEMBER 2015 BEFORE THE HON BLE MR. JUSTICE BUDIHAL. R.B BETWEEN: CRIMINAL APPEAL No.2686/2009 M.R.ACHUT KUMAR S/O M RAMAKRISHNA

More information

BODIES CORPORATE (OFFICIAL LIQUIDATIONS) ACT, 1963 (ACT 180). ARRANGEMENT OF SECTIONS PART I OFFICIAL LIQUIDATIONS

BODIES CORPORATE (OFFICIAL LIQUIDATIONS) ACT, 1963 (ACT 180). ARRANGEMENT OF SECTIONS PART I OFFICIAL LIQUIDATIONS BODIES CORPORATE (OFFICIAL LIQUIDATIONS) ACT, 1963 (ACT 180). ARRANGEMENT OF SECTIONS PART I OFFICIAL LIQUIDATIONS Commencement of Proceedings Section 1. Modes of winding up. 2. Procedure on resolution.

More information

BANKRUPTCY ACT (CHAPTER 20)

BANKRUPTCY ACT (CHAPTER 20) BANKRUPTCY ACT (CHAPTER 20) Act 15 of 1995 1996REVISED EDITION Cap. 20 2000 REVISEDEDITION Cap. 20 37 of 1999 42 of 1999 S 380/97 S 126/99 S 301/99 37 of 2001 38 of 2002 An Act relating to the law of bankruptcy

More information

CRL.APPEAL No. 97/2005

CRL.APPEAL No. 97/2005 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM; NAGALAND; MEGHALAYA; MANIPUR; TRIPURA; MIZORAM AND ARUNACHAL PRADESH) CRL.APPEAL No. 97/2005 1. Abu Taher, S/o Nurul Haque 2. Basiruddin Choudhury S/o Lt. Arzad

More information

THE CO-OPERATIVE SOCIETIES ACT, 1925

THE CO-OPERATIVE SOCIETIES ACT, 1925 THE CO-OPERATIVE SOCIETIES ACT, 1925 (Sind Act VII of 1925) C O N T E N T S PRELIMINARY Sections 1. Short title. 2. Extent. 3. Definitions. REGISTRATION CHAPTER I CHAPTER II 4. The Registrar. 4-A. Power

More information

LAW AREA NAME : WOMAN SECTION NAME : SPECIAL LAWS SUB SECTION NAME : DOWRY PROHIBITION ACT LAW IN BRIEF

LAW AREA NAME : WOMAN SECTION NAME : SPECIAL LAWS SUB SECTION NAME : DOWRY PROHIBITION ACT LAW IN BRIEF LAW AREA NAME : WOMAN SECTION NAME : SPECIAL LAWS SUB SECTION NAME : DOWRY PROHIBITION ACT LAW IN BRIEF Giving and taking dowry are both offences under the Dowry Prohibition Act. Demanding dowry or advertising

More information

THE CONSUMER PROTECTION (AMENDMENT) ACT, 2002 THE CONSUMER PROTECTION (AMENDMENT) ACT, 2002 ( 62 OF 2002 ) { Passed by Rajya Sabha on 11.3.

THE CONSUMER PROTECTION (AMENDMENT) ACT, 2002 THE CONSUMER PROTECTION (AMENDMENT) ACT, 2002 ( 62 OF 2002 ) { Passed by Rajya Sabha on 11.3. THE CONSUMER PROTECTION (AMENDMENT) ACT, 2002 The Act has been brought in force from 15.03.2003 wide Notification F.O. No. 270(E) date 10.03.2003 THE CONSUMER PROTECTION (AMENDMENT) ACT, 2002 ( 62 OF 2002

More information

IN THE HIGH COURT OF BOMBAY AT GOA

IN THE HIGH COURT OF BOMBAY AT GOA :1: IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 132 OF 2011 WITH WRIT PETITION NO. 307 OF 2011 WRIT PETITION NO. 132 OF 2011 Reserve Bank of India, Central Office, 21 st Floor, RBI Building, Shahid

More information

FACTUAL NOTE IN RESPECT OF BHATHA LAND (BLOCK NO. 610) FOR WHICH NOTICE HAS BEEN PUBLISHED BY THE BANK FOR ITS SALE

FACTUAL NOTE IN RESPECT OF BHATHA LAND (BLOCK NO. 610) FOR WHICH NOTICE HAS BEEN PUBLISHED BY THE BANK FOR ITS SALE 1 FACTUAL NOTE IN RESPECT OF BHATHA LAND (BLOCK NO. 610) FOR WHICH NOTICE HAS BEEN PUBLISHED BY THE BANK FOR ITS SALE Against three mortgages of agricultural lands situated in villages Pal and Bhatha admeasuring

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No. 197 OF 2018 (Arising out of S.L.P.(C) No of 2016) VERSUS

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No. 197 OF 2018 (Arising out of S.L.P.(C) No of 2016) VERSUS IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL No. 197 OF 2018 (Arising out of S.L.P.(C) No.29765 of 2016) Smt. K.A. Annamma.Appellant(s) VERSUS The Secretary, Cochin

More information

LAND (GROUP REPRESENTATIVES)ACT

LAND (GROUP REPRESENTATIVES)ACT LAWS OF KENYA LAND (GROUP REPRESENTATIVES)ACT CHAPTER 287 Revised Edition 2012 [1970] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.

More information

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision: 16 th February, Versus

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision: 16 th February, Versus *IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.815/2007 % Date of decision: 16 th February, 2010 OIL AND NATURAL GAS CORPORATION LTD.... Petitioner Through: Mr. V.N. Kaura with Ms. Paramjit Benipal

More information

THE PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY BILL, 2011

THE PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY BILL, 2011 AS INTRODUCED IN LOK SABHA Bill No. 25 of 2011 THE PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY BILL, 2011 ARRANGEMENT OF CLAUSES CLAUSES CHAPTER I PRELIMINARY 1. Short title, extent and commencement.

More information

Criminal Procedure Code (Amendment) 1 A BILL. i n t i t u l e d

Criminal Procedure Code (Amendment) 1 A BILL. i n t i t u l e d Criminal Procedure Code (Amendment) 1 A BILL i n t i t u l e d An Act to amend the Criminal Procedure Code and the Criminal Procedure Code (Amendment) (No. 2) Act 2012. [ ] ENACTED by the Parliament of

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : NEGOTIABLE INSTRUMENTS ACT. Crl. M.C.No. 4264/2011 & Crl.M.A /2011 (stay)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : NEGOTIABLE INSTRUMENTS ACT. Crl. M.C.No. 4264/2011 & Crl.M.A /2011 (stay) IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : NEGOTIABLE INSTRUMENTS ACT Crl. M.C.No. 4264/2011 & Crl.M.A. 19640/2011 (stay) Decided on: 22nd February, 2012 SHORELINE INFRASTRUCTURE DEVELOPERS LTD.

More information

ORISSA HIGH COURT: CUTTACK FULL BENCH

ORISSA HIGH COURT: CUTTACK FULL BENCH ORISSA HIGH COURT: CUTTACK FULL BENCH W.A. NO.122 OF 2014 In the matter of a reference made by a Division Bench of this Court vide order dated 11.09.2014... Sri Kasinath Nayak. Petitioner -Versus- State

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MEGHALAYA: MANIPUR: TRIPURA: MIZORAM AND ARUNACHAL PRADESH) IMPHAL BENCH

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MEGHALAYA: MANIPUR: TRIPURA: MIZORAM AND ARUNACHAL PRADESH) IMPHAL BENCH IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MEGHALAYA: MANIPUR: TRIPURA: MIZORAM AND ARUNACHAL PRADESH) IMPHAL BENCH Writ Petition (Cril) No.49 of 2011 Smti. Hatkhoneng Aged about 53

More information

7:12 PREVIOUS CHAPTER

7:12 PREVIOUS CHAPTER TITLE 7 Chapter 7:12 TITLE 7 PREVIOUS CHAPTER SMALL CLAIMS COURTS ACT Acts 20/1992, 8/1996, 22/2001, 14/2002; S.I. s 134/1996, 136/1996, 158/2000 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short

More information

BEFORE THE SUPREME COURT OF INDIA, NEW DELHI

BEFORE THE SUPREME COURT OF INDIA, NEW DELHI BEFORE THE SUPREME COURT OF INDIA, NEW DELHI IN THE MATTER OF SEELAN RAJ.... PETITIONER Vs PRESIDING OFFICER 1 ST ADDITIONAL LABOUR COURT, CHENNAI RESPONDENT SUBMITTED BEFORE THE HON BLE COURT IN EXCERSISE

More information

Law on Essential Commodities Act, 1955

Law on Essential Commodities Act, 1955 Law on Essential Commodities Act, 1955. S.S. Upadhyay Legal Advisor to Governor UP, Lucknow Mobile : 9453048988 E-mail : ssupadhyay28@gmail.com 1. Release of Vehicle under E.C. Act, 1955 : Where vehicle

More information

CAYMAN ISLANDS. Supplement No. 28 published with Extraordinary Gazette No. 45 of 31st May, PROCEEDS OF CRIME LAW.

CAYMAN ISLANDS. Supplement No. 28 published with Extraordinary Gazette No. 45 of 31st May, PROCEEDS OF CRIME LAW. CAYMAN ISLANDS Supplement No. 28 published with Extraordinary Gazette No. 45 of 31st May, 2017. PROCEEDS OF CRIME LAW (2017 Revision) Law 10 of 2008 consolidated with Laws 19 of 2012, 1 of 2015, 20 of

More information

County Court Fees - Including fees for family cases - From 1 October To issue a claim form where your claim is for money only and the amount is:

County Court Fees - Including fees for family cases - From 1 October To issue a claim form where your claim is for money only and the amount is: EX50 County Court Fees - Including fees for family cases - From 1 October 2007 Civil Court fees Starting your claim To issue a claim form where your claim is for money only and the amount is: up to 300

More information

A Quick Guide. February 2017 Edition (Sixth Edition) Includes changes in law introduced by The Negotiable Instruments (Amendment) Act, 2015

A Quick Guide. February 2017 Edition (Sixth Edition) Includes changes in law introduced by The Negotiable Instruments (Amendment) Act, 2015 A Quick Guide To Action on Bouncing of Cheque February 2017 Edition (Sixth Edition) Includes changes in law introduced by The Negotiable Instruments (Amendment) Act, 2015 www.indialegalhelp.com (This Guide

More information

1990 CHAPTER S HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

1990 CHAPTER S HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: 1990 CHAPTER S-63.1 An Act respecting Summary Offences Procedure and Certain consequential amendments resulting from the enactment of this Act (Assented to June 22, 1990) HER MAJESTY, by and with the advice

More information

SOCIETIES ACT CHAPTER 108 LAWS OF KENYA

SOCIETIES ACT CHAPTER 108 LAWS OF KENYA LAWS OF KENYA SOCIETIES ACT CHAPTER 108 Revised Edition 2012 [1998] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012] CAP. 108

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE CRL.M.C. No. 233/2014 Date of decision: 14th February, 2014.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE CRL.M.C. No. 233/2014 Date of decision: 14th February, 2014. IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE CRL.M.C. No. 233/2014 Date of decision: 14th February, 2014 DR. ZUBAIR UL ABIDIN Through: Mr.Suraj Rathi, Adv.... Petitioner versus STATE

More information

SCHEME FOR RELIEF AND REHABILITATION OF OFFENCES (BY ACIDS) ON WOMEN AND CHILDREN NATIONAL COMMISSION FOR WOMEN

SCHEME FOR RELIEF AND REHABILITATION OF OFFENCES (BY ACIDS) ON WOMEN AND CHILDREN NATIONAL COMMISSION FOR WOMEN SCHEME FOR RELIEF AND REHABILITATION OF OFFENCES (BY ACIDS) ON WOMEN AND CHILDREN NATIONAL COMMISSION FOR WOMEN Statement of object and reasons In most cases, acid attacks permanently disfigure, debilitate

More information

Rules under Section 122 of CPC

Rules under Section 122 of CPC Ch. 21] CHAPTER 21 Rules under Section 122 of CPC Rules made by the High Court under Section 122 of the Code of Civil Procedure Annealing to or Adding the Rules in the First Schedule. Rules 1 to 23 of

More information

IN THE COURT OF THE ADDL. SESSIONS JUDGE: BHUBANESWAR. PRESENT:- Sri I.K. Das LLB, Addl. Sessions Judge, Bhubaneswar.

IN THE COURT OF THE ADDL. SESSIONS JUDGE: BHUBANESWAR. PRESENT:- Sri I.K. Das LLB, Addl. Sessions Judge, Bhubaneswar. 1 IN THE COURT OF THE ADDL. SESSIONS JUDGE: BHUBANESWAR. PRESENT:- Sri I.K. Das LLB, Addl. Sessions Judge, Bhubaneswar. Crl. Appeal No. 2/18 of 2012 (Arising out of judgment dtd. 12.4.12 in GR case No.

More information

THE WAQF PROPERTIES (EVICTION OF UNAUTHORISED OCCUPANTS), BILL, 2014

THE WAQF PROPERTIES (EVICTION OF UNAUTHORISED OCCUPANTS), BILL, 2014 1 AS INTRODUCED IN THE RAJYA SABHA Bill No. VIII of 14 36 of 19. 24 of 198. THE WAQF PROPERTIES (EVICTION OF UNAUTHORISED OCCUPANTS), BILL, 14 A BILL to provide for the eviction of unauthorised occupants

More information

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L)NO OF 2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L)NO OF 2014 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L)NO. 2348 OF 2014 wp-2348-2014.sxw Mumbai Metropolitan Region Development Authority.. Petitioner. V/s. The

More information

JUDGMENTS (ENFORCEMENT) RULES

JUDGMENTS (ENFORCEMENT) RULES JUDGMENTS (ENFORCEMENT) RULES Arrangement of Orders Part I Preliminary Part II Rules I Duties of the Sheriff II General III Stay of Judgments and Process IV Issue of Process V Attachment VI Interpleader

More information

GUYANA TRADE UNIONS ACT. Arrangement of sections

GUYANA TRADE UNIONS ACT. Arrangement of sections GUYANA TRADE UNIONS ACT Arrangement of sections 1. Short title. 2. Interpretation. 3. Trade unions. 4. Exemptions. 5. When objects of union not unlawful. 6. When trade union contracts not enforceable.

More information

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision:1 st December, 2009 M/S ANSAL PROPERTIES & INFRASTRUCTURE. Versus

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision:1 st December, 2009 M/S ANSAL PROPERTIES & INFRASTRUCTURE. Versus *IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.807/2008. % Date of decision:1 st December, 2009 M/S ANSAL PROPERTIES & INFRASTRUCTURE LTD & ANR. Petitioner Through: Mr Prem Kumar and Mr Sharad C.

More information

Namibia Financial Institutions Supervisory Authority Act 3 of 2001 (GG 2529) brought into force on 14 May 2001 by GN 85/2001 (GG 2528)

Namibia Financial Institutions Supervisory Authority Act 3 of 2001 (GG 2529) brought into force on 14 May 2001 by GN 85/2001 (GG 2528) Namibia Financial Institutions Supervisory Authority Act 3 of 2001 (GG 2529) brought into force on 14 May 2001 by GN 85/2001 (GG 2528) as amended by State-owned Enterprises Governance Act 2 of 2006 (GG

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.5517 OF 2007

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.5517 OF 2007 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5517 OF 2007 Nadiminti Suryanarayan Murthy(Dead) through LRs..Appellant(s) VERSUS Kothurthi Krishna Bhaskara Rao &

More information

Bankruptcy (Amendment) 1 A BILL. i n t i t u l e d. An Act to amend the Bankruptcy Act [ ]

Bankruptcy (Amendment) 1 A BILL. i n t i t u l e d. An Act to amend the Bankruptcy Act [ ] Bankruptcy (Amendment) 1 A BILL i n t i t u l e d An Act to amend the Bankruptcy Act 1967. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement 1. (1) This Act may be cited

More information

IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF ] (English text signed by the President)

IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF ] (English text signed by the President) IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF 2002 [ASSENTED TO 12 JULY 2002] [DATE OF COMMENCEMENT: 16 AUGUST 2002] ACT (English text signed by the President) Regulations

More information

Cr.M.P. No of Putul Rani Dey 2. Ravi Chandra Dey 3. Ashish Dey 4. Sangam Dey... Petitioners CORAM :- HON BLE MR. JUSTICE D.K.

Cr.M.P. No of Putul Rani Dey 2. Ravi Chandra Dey 3. Ashish Dey 4. Sangam Dey... Petitioners CORAM :- HON BLE MR. JUSTICE D.K. IN THE HIGH COURT OF JHARKHAND, RANCHI Cr.M.P. No. 1151 of 2007 1. Putul Rani Dey 2. Ravi Chandra Dey 3. Ashish Dey 4. Sangam Dey... Petitioners Versus 1. State of Jharkhand 2 Chhaya Rani Bose.. Opposite

More information

Curaçao and Sint Maarten reached agreements in principle on 26 November 2008 concerning a joint central bank and the relevant legislation;

Curaçao and Sint Maarten reached agreements in principle on 26 November 2008 concerning a joint central bank and the relevant legislation; TRANSLATION OF THE OFFICIAL PUBLICATION OF SINT MAARTEN Mutual arrangement as referred to in Article 38(1) of the Charter for the Kingdom of the Netherlands, regulating foreign currency transactions for

More information

The Cinematograph Act, 1952

The Cinematograph Act, 1952 The Cinematograph Act, 1952 1. Short title, extent and commencement. (1) This Act may be called the Cinematograph Act, 1952. (2) Pars I, II and IV extend to the whole of India (Note:- Omitted by Act No.25

More information

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW COURT NO 2. OA 274/2014 with MA 1802/2014. Thursday, this the 16th of Feb 2015

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW COURT NO 2. OA 274/2014 with MA 1802/2014. Thursday, this the 16th of Feb 2015 1 RESERVED ORDER A.F.R ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW COURT NO 2 OA 274/2014 with MA 1802/2014 Thursday, this the 16th of Feb 2015 Hon ble Mr. Justice Virendra Kumar DIXIT, Judicial Member

More information

Settlement of Tax Cases

Settlement of Tax Cases CHAPTER 22 Settlement of Tax Cases Some Key Points : Recent Amendments Substantial interest to be determined on the basis of beneficial ownership of shares carrying not less than 20% voting power/ beneficial

More information

KSR & Co Company Secretaries LLP PRACTISING COMPANY SECRETARIES & TRADE MARK AGENTS COIMBATORE & CHENNAI

KSR & Co Company Secretaries LLP PRACTISING COMPANY SECRETARIES & TRADE MARK AGENTS COIMBATORE & CHENNAI KSR & Co Company Secretaries LLP PRACTISING COMPANY SECRETARIES & TRADE MARK AGENTS COIMBATORE & CHENNAI Assuring Assuring Compliances Compliances & Solutions & Solutions Beyond Beyond Challenge Challenge

More information

CHAPTER 13 DEMAND NOTICE/SHOW CAUSE NOTICE, ADJUDICATION, INTEREST, PENALTY, CONFISCATION, SEIZURE, DUTY PAYMENT UNDER PROTEST PART I

CHAPTER 13 DEMAND NOTICE/SHOW CAUSE NOTICE, ADJUDICATION, INTEREST, PENALTY, CONFISCATION, SEIZURE, DUTY PAYMENT UNDER PROTEST PART I CHAPTER 13 DEMAND NOTICE/SHOW CAUSE NOTICE, ADJUDICATION, INTEREST, PENALTY, CONFISCATION, SEIZURE, DUTY PAYMENT UNDER PROTEST 1. Introduction PART I DEMAND NOTICE/SHOW CAUSE NOTICE 1.1 In accordance with

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE EX.P. 133/2011 Reserved on: January 6, 2012 Decision on: January 9, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE EX.P. 133/2011 Reserved on: January 6, 2012 Decision on: January 9, 2012 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE EX.P. 133/2011 Reserved on: January 6, 2012 Decision on: January 9, 2012 AMAR SINGH SEWARA In person.... Petitioner versus REGIONAL

More information

THE KARNATAKA COURT-FEE AND SUITS VALUATION ACT, ARRANGEMENT OF SECTIONS Statement of Objects and Reasons: Sections: CHAPTER I PRELIMINARY 1.

THE KARNATAKA COURT-FEE AND SUITS VALUATION ACT, ARRANGEMENT OF SECTIONS Statement of Objects and Reasons: Sections: CHAPTER I PRELIMINARY 1. 1 THE KARNATAKA COURT-FEE AND SUITS VALUATION ACT, 1958. ARRANGEMENT OF SECTIONS Statement of Objects and Reasons: Sections: CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 2. Application

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Reserved on: 5th August, Date of decision: 19th September, 2011

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Reserved on: 5th August, Date of decision: 19th September, 2011 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Reserved on: 5th August, 2011 Date of decision: 19th September, 2011 FAO(OS) 502/2009 LT. COL S.D. SURIE Through: -versus-..appellant

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No OF 2017 S.L.P.(c) No.27722/2017) (D.No.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No OF 2017 S.L.P.(c) No.27722/2017) (D.No. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 16850 OF 2017 (@ S.L.P.(c) No.27722/2017) (D.No.21033/2017) REPORTABLE Himangni Enterprises.Appellant(s) VERSUS Kamaljeet Singh

More information

WP(C) No.810/2015 BEFORE HON BLE MR. JUSTICE UJJAL BHUYAN

WP(C) No.810/2015 BEFORE HON BLE MR. JUSTICE UJJAL BHUYAN 14.05.2015 WP(C) No.810/2015 BEFORE HON BLE MR. JUSTICE UJJAL BHUYAN Heard Mr. SK Goswami, learned counsel for the petitioners and Mr. P Roy, learned Addl. Advocate General, Assam assisted by Ms. B Hazarika,

More information

THE BUREAU OF INDIAN STANDARDS ACT, 1986

THE BUREAU OF INDIAN STANDARDS ACT, 1986 THE BUREAU OF INDIAN STANDARDS ACT, 1986 No. 63 of 1986 [ 23rd December, 1986. ] An Act to provide for the establishment of a Bureau for the harmonious development of the activities of standardisation,

More information

CHAPTER 75:01 CO-OPERATIVE FINANCIAL INSTITUTIONS ACT ARRANGEMENT OF SECTIONS PART I PART II

CHAPTER 75:01 CO-OPERATIVE FINANCIAL INSTITUTIONS ACT ARRANGEMENT OF SECTIONS PART I PART II LAWS OF GUYANA Co-operative Financial Institutions 3 CHAPTER 75:01 CO-OPERATIVE FINANCIAL INSTITUTIONS ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTION 1. Short title. 2. Interpretation. PART II

More information

The Summary Offences Procedure Act, 1990

The Summary Offences Procedure Act, 1990 1 SUMMARY OFFENCES PROCEDURE, 1990 S-63.1 The Summary Offences Procedure Act, 1990 being Chapter S-63.1* of the Statutes of Saskatchewan, 1990-91 (effective January 1, 1991) as amended by the Statutes

More information

The Delhi School Education Act, 1973 (Act No. 18 of 1973) 1 [9th April, 1973]

The Delhi School Education Act, 1973 (Act No. 18 of 1973) 1 [9th April, 1973] The Delhi School Education Act, 1973 (Act No. 18 of 1973) 1 [9th April, 1973] An Act to provide for better organisation and development of school education in the Union Territory of Delhi and for matters

More information

CHAPTER 65:09 GUYANA GEOLOGY AND MINES COMMISSION ACT ARRANGEMENT OF SECTIONS

CHAPTER 65:09 GUYANA GEOLOGY AND MINES COMMISSION ACT ARRANGEMENT OF SECTIONS LAWS OF GUYANA Guyana Geology and Mines Commission 3 CHAPTER 65:09 GUYANA GEOLOGY AND MINES COMMISSION ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. ESTABLISHMENT OF THE GUYANA

More information

COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO : CASE NO. DR PLAINTIFF :

COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO : CASE NO. DR PLAINTIFF : COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO : CASE NO. DR PLAINTIFF : vs. JUDGE : DEFENDANT : JUDGMENT ENTRY OF DIVORCE (NO CHILDREN) (No Separation/In-Court Agreement Attached)

More information

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.571 OF 2017

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.571 OF 2017 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.571 OF 2017 Om Sai Punya Educational and Social Welfare Society & Another.Petitioners Versus All India Council

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 353 OF 2017 (ARISING OUT OF SLP (C) NO OF 2015) VERSUS

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 353 OF 2017 (ARISING OUT OF SLP (C) NO OF 2015) VERSUS REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 353 OF 2017 (ARISING OUT OF SLP (C) NO. 12581 OF 2015) THE SPECIAL LAND ACQUISITION OFFICER, KIADB, MYSORE & ANR....APPELLANT(S)

More information

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + FAO(OS) No.534/2010 & CM Nos /2010. versus. % Date of Hearing : August 25, 2010

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + FAO(OS) No.534/2010 & CM Nos /2010. versus. % Date of Hearing : August 25, 2010 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) No.534/2010 & CM Nos.15238-40/2010 RAJ KUMAR BARI & ORS...Appellant through Mr. S.D. Singh & Mr. Rakesh Kumar Singh, Advs. versus SHIV RANI & ORS...Respondent

More information

IN THE HIGH COURT OF DELHI: NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Judgment pronounced on: I.A. No.13124/2011 in CS (OS) No.

IN THE HIGH COURT OF DELHI: NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Judgment pronounced on: I.A. No.13124/2011 in CS (OS) No. IN THE HIGH COURT OF DELHI: NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Judgment pronounced on: 07.03.2012 I.A. No.13124/2011 in CS (OS) No.1674/2011 SURENDRA KUMAR GUPTA Through Mr. J.S. Mann, Adv....

More information