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Saturday, March 18, 2017

NI Act S.138 - When notice has been duly served on the Company,

Important Judgments (10/03/2017)

NI Act S.138 - When notice has been duly served on the Company, merely because notice has not been duly served on Director of Company respectively, will not by itself a vitiating ground to dismiss the complaint at the S.203 CrPC stage - 2017 (1) KHC 923

Contempt of Courts – Intervention by third party – Not permissible - 2017 (1) KHC 940 (DB)

A foreign judgment passed ex parte is not executable in India - 2017 (1) KHC 959 (DB)

Environment Law – Quarrying activities – Objector has a limited right of being heard - 2017 (1) KHC 952

Custody of child – Presumption is in favour of maternal custody - 2017 (1) KHC 47 (SC) (SN)

A person who is issued with a learner’s driving licence, can drive a vehicle in public place, but subject to the specific provisions under MV Act & Rules - 2017 (1) KHC 942 (DB)

For filing a suit against Panchayat or its officers to prevent any unlawful act, like trespass, forceful encroachment, etc., having no sanction under the Panchayat Raj Act, statutory notice under Section 249(1) of the Panchayat Raj Act is not required - 2017 (1) KHC 928

Prosecution under S.57(a) of Abkari Act on the ground that the toddy offered for sale by the licensee is not one conforming to the specifications prescribed under the Abkari Act; would lie even after the promulgation of the FSS Act - 2017 (1) KHC 931

Vehicle driven by holder of learners licence without complying with statutory prescription – Amounts to violation of statutory provision - 2017 (1) KHC 942 (DB)

LLMC alone has the power to correct entry in the data bank - 2017 (1) KHC 967

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