LawMirror.com

Results of 60063

Showing : 1-9 of 9 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Procedural and substantive law -- Nature - All those laws which affect the substantive and vested rights of parties have to be taken as substantive law - Whereas, any provision of law dealing with form of trial, mechanism of trial or procedure thereof, has to be treated as procedural in nature...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Procedural and substantive law -- Applicability of the amended provision - All substantive laws have to be prospective in nature and applicability, unless prescribed to be retrospective, whereas, all procedural laws have to be applicable to all cases immediately on their coming into operation including pending cases...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 143A -- Applicability of S.143-A of the Act coming into force on 02.08.2018 - S.143-A of the Act cast a substantive obligation upon accused and thereby effect the substantive right of the accused - As the Amendment Act has not made the provision applicable retrospectively, specifically to pending cases, hence it cannot be applied..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 143A -- Substantive or procedural law - S.143-A of the Act cast a substantive obligation upon accused and thereby effect substantive right of accused - Hence, by no means this provision can be taken as procedural in nature...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 143A -- Interim compensation - Trial Court by S.143-A of the Act has permitted to inflict a liability upon accused, as an interim measure, although as a final order, it cannot pass order of award of compensation as part of sentence - Hence, essentially provision enhances scope and degree of punishment to be awarded to a accused by..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 148 -- Applicability of S.148 of the Act - Procedure of recovery of fine or compensation from a accused of pending appeal already existed in Cr.P.C, before advent of provision as contained in S.148 of the Act - Provision introduced vide S.148 of the Act, which relates only to recovery of amount partly as interim measure, has to be..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Appellate Court is authorized to order deposit of 20% of fine and compensation as awarded by trial Court - If there is no order of fine or compensation then there cannot be any order of deposit of any amount at..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Order to deposit 20% of amount of fine or compensation as awarded by trial Court - If appellate Court passes order of deposit of 20% or more amount of fine or compensation that in fact is a beneficial order for..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Order of deposit of 20% of amount of fine or compensation as awarded by trial Court - If lower Appellate Court has passed order of deposit of 20% of amount, then although..........

Showing : 1-9 of 9 Results