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Applying the doctrine of strict construction, we are of the considered opinion that commission of offence by the company is ...

IBC S. 14 – Offence under the Prevention of Money-Laundering Act could not be covered under Section 14(1)(a), IBC

Offence under the Prevention of Money-Laundering Act could not be covered under Section 14(1)(a), IBC “139. From the above discussion, ...

Contempt proceedings are Quasi Criminal in nature

Contempt proceedings are “quasi-criminal” - Broadly speaking, civil contempts are contempts which involve a private injury occasioned by disobedience to ...

Companies Act S. 630 – Quasi Criminal in Nature

Companies Act S. 630 - Quasi Criminal in Nature Companies Act, 1956, Section 630 - Whether a petition under Section ...

NIA S. 138 – Proceedings under Section 138 of the Act are quasi-criminal proceedings.

“6. It is urged before us that the High Court overstepped the limits which the appellate court is bound by ...

NIA S. 138 – Compounding without consent of parties

April 29, 2022

Though compounding requires consent of both parties, even in absence of such consent, the court, in the interests of justice, ...

NIA S. 138 – Offence under Section 138 of the Act is primarily a civil wrong.

Offence under Section 138 of the Act is primarily a civil wrong. Meters and Instruments (P) Ltd. v. Kanchan Mehta, ...

NIA S. 138 – Primary object and reason of the Negotiable Instruments Act, 1881, is not merely penal in nature

Primary object and reason of the Negotiable Instruments Act, 1881, is not merely penal in nature but is to maintain ...

NI S. 138 – object appears to be both punitive as also compensatory and restitutive, in regard to cheque dishonour cases

NIA S. 138 - In effect, its object appears to be both punitive as also compensatory and restitutive, in regard ...

CrPC S. 320 – Compounding of offences

“78. Compounding as codified in Section 320 of the Code has a historical background. In common law compounding was considered ...

NIA S. 138 – Compoundable

JIK Industries Ltd. v. Amarlal V. Jumani, (2012) 3 SCC 255, stating: “68. It is clear from a perusal of ...

NIA S. 138 – Compounding

Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663 is an important judgment of three Hon’ble Judges of ...

NIA S. 138 – Object of – To regulate financial promises in growing business, trade, commerce and industrial activities of the country and the strict liability to promote greater vigilance in financial matters.

Vinay Devanna Nayak v. Ryot Sewa Sahakari Bank Ltd., (2008) 2 SCC 305,Court referred to the object of Section 138 ...

NIA S. 138 – Object of