A mere breach of promise, agreement or contract does not,ipsofacto, constitute an offence of criminal breach of trust without there being a clear case of entrustment - Clearly, the allegation / charge under Section 406 of the IPC has no basis. Once it is established that there is no cheating involved under the IPC then there is no proceeds of crime involved under Section 2(1)(u) of PMLA and therefore there is no Money Laundering involved under Section 3 of PMLA
The High Court acquires jurisdiction to deal with the second appeal on merits only when it frames a substantial question of law as required to be framed under Section 100 CPC; and it cannot grant an interim order, without framing substantial question of law
The Court should take an overall view of the case and if a right of self-defence is made out from the evidence on record, thatright should not be construed narrowly because the right of self-defence is a very valuable right and it has a social purpose
Although information was exchanged and plans and strategies for the Indian market were also discussed, none of the activities undertaken by those seconded employees could be said or construed to be the carrying on or the conduct of business of Samsung Korea from the premises of SIEL. There is no evidence of any activity of the global business of Samsung Korea being conducted in India. The seconded employees were engaged in assisting SIEL in its business in India. The mere fact that marketing strategies and future plans pertaining to the business of the Indian subsidiary were also discussed and deliberated upon by Samsung Korea, would not lead to a PE coming into existence
Gift deeds signed by parents could be quashed under Maintenance and Welfare of the Parents and Senior Citizens Act if the children fail to take care of them
Hindu Marriage Act, 1955: The father being the natural guardian cannot be denied of the care and custody of the child and his agony of missing his child’s childhood cannot be prolonged. However, the same cannot override the interest of the child. The interest of the minor child is paramount.
Courts should not take a hyper technical view that there was violation of mandatory provision of law. Endorsing such a view would effectively mean ignoring the purpose of judicial procedure. The procedure cannot stand in the way of achieving just and fair outcome. Courts should not shut out cases on mere technicalities but rather afford opportunity to both sides and thrash out the matter on merits. The party cannot be made to suffer due to negligent or fault committed by their counsel.
Even the change in law or subsequent decision/judgment of coordinate Bench or larger Bench by itself cannot be regard as a ground for review or rectification. There is no mistake apparent from the record. The Tribunal has no power to condone delay if the Miscellaneous Application was to be filed beyond a period of six months.
Code of Civil Procedure: Can a litigant be penalised for fault of his advocate or counsel? Every lawyer is expected to keep in mind that he is also an officer of the Court and judicial system is based upon co-operation of the lawyers. It is also expected from the concerned lawyers of parties to positively remain present before Court on the date given by the trail court. However , if the lawyer is not in a position to remain present , he shall make alternative arrangement for proceedings of the case in order to avoid inordinate delay.
Section 138 of the Negotiable Instruments Act, 1881: A company’s authorized signatory cannot be held responsible for a bounced cheque unless the company itself is named as the main accused