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NI ACT  Sections 138 and 141(2)- Offence by company -Cognizance of Complaint against Director of Company who was not a signatory of the cheque Specific averment as to role of the accused director has to be made in the complaint that, either he was managing or incharge of affairs the company on the date of commission of the offence - In the absence of any such averments, the complaint is not maintainable against him and is liable to quashed to prevent abuse of process of law and the court - Impugned order taking cognizance of the offence against the petitioner quashed. [Para 7]*_ _*Bibhuti Bhushan v/s Orissa Small In Co ltd CRl-MC 2997/03 [ SK SAHOO JJ ]*_ _*[ ORISSA HIGH COURT ]*_

_*• 0RDER .23.RULE.1(3) CPC permission to file fresh suit on the same subject matter -Defendant can object to such prayer made by plaintiff-In such event, it is for Court to decide as to whether permission to seek withdrawal of suit should be granted to plaintiff and if so on what terms. (Para 26)*_ _*Anil Kumar v/s Vijay Pal CA 2007/17 30/11/17 [ RK AGRAWAL JJ ]*_ _*[ SUPREME COURT ]*_ *_______________________

Domestic Violence Act Sections.21, 23(2) Ex parte order- Interim custody of child  Magistrate is empowered to pass an ex parte order in granting interim/temporary custody of any child or children to aggrieved party even basing on the affidavit filed by such aggrieved party without notice to respondent However, Magistrate has got power to revoke the ex parte order if he is satisfied that order has been obtained by aggrieved person by suppression of material facts or misrepresentation or by playing fraud upon Court. (Para 9)*_ _*Vinay Gupta v/s Saveri CrL-R 635/16*_ _*[ ORISSA HIGH COURT ]*_ *________________________ Contact us Legallites Law Firm  Chamber Number 1416 Rohini court Delhi 110085. Mob:- 8851250058

*DHC CRI**Party Name:-State V. Sanjay Singh**Case No:-CRL.A NO.766/17**Date:-8-1-18**S.MURALIDHAR & I.S MEHTA JJ**(HEADNOTE)Indian Penal Code, 1860, S.304-B-Dowry death-Quantum of sentence - Keeping in view long period of trial and re-trial and that accused has already undergone imprisonment of 7 years including remission u/s 498-A IPC, accused is sentenced to R.I. for 7 years, including remissions already earned and said sentence will be concurrent with sentence u/s 498-A IPC - Since, accused has already served out his sentence awarded to him for the offences u/s 304-B and 498-A IPC, inclusive of remission, therefore, he need not to surrender to serve out any remaining period of sentence Accused acquitted* Contact us Legallites Law Firm  Chamber Number 1416 Rohini court Delhi 110085. Mob:- 8851250058

Section.306 IPC Abetment of suicide 'Instigation' is to be gathered from the circumstances of the case- In a particular case, there may not be direct evidence relating to instigation, having a direct nexus to the suicide - There may be case where the circumstances created by the accused are such that an individual may feel completely frustrated and finds it difficult to continue existence. (Para 50)*_ _*Siva Kumar v/s State CRL-A 593/14 [ VENUGOPAl JJ ]*_ _*[ MADRAS HIGH COURT ]*_ *__________ Contact us Legallites Law Firm  Chamber Number 1416 Rohini court Delhi 110085. Mob:- 8851250058

_*- Hindu Marriage Act Section 13 (1)(i-a Divorce Cruelty Respondent not willing to reside with appellant/husband, she also suggested that mother in law should be sent to old aged home or that parties may reside separate without obtaining divorce Respondent indifferent and casual towards matrimonial obligations and institute of marriage itself which is sacrosanct and required to be honoured by both- parties Insisting upon husband to live separate from his mother, who is aged about 68 years and is suffering from cardiac problem is by itself a cruelty Appeal allowed. (Paras 12 and 13)*_ _*Prabir kumar v/s Papiya Das FAM 97/14 [ PRASHANT KUMAR JJ ]*_ _*[ CHHATTISHGARH HIGH COURT ]*_ *________________________ Contact us Legallites Law Firm  Chamber Number 1416 Rohini court Delhi 110085. Mob:- 8851250058

_*NDPS ACT Section.20 Recovery of 435 gms charas Weighment of contraband Prosecution demonstrate that recovered contraband was weighted with Government electronic weighing machine - But the same was not available in police station on the relevant day Conflicting statements of PWs regarding weighment of recovered charas Independent witness not associated Non production of seal is one of material consideration which goes to root of prosecution story Seal was not handed over to third person but to police official that too of rank of ASI Prosecution failed to prove conscious possession of any of accused Discrepancies, inconsistencies and contradictions were found in statements of PWs Benefit of same goes to accused -Accused acquitted.(Paras 16, 18, 19, 21, 25 & 29)*_ _*State of HP v/s Ramesh CRL-A 557/12 [ TARLOK JJ ]*_ _*[ HIMACHAL PRADESH HIGH COURT ]*_ *________________________ Contact us Legallites Law Firm  Chamber Number 1416 Rohini court Delhi 110085. Mob:- 8851250058