Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Acquittal - Leave to appeal - Complainant failed to prove that cheque issued by accused in favour of complainant was for payment of `outstanding dues' - Therefore, offence u/s 138 of the Act is apparently not made out -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17(c), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal against conviction - Offence u/s 17(c) of NDPS Act - Appeal is of the year 2019 and due to practical reasons appeal cannot be taken up in near future and disposed of expeditiously - Petitioner is suffering from..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Where each one of parties has an independent and distinct right of his own and not inter-dependent upon one or other, nor parties have conflicting interests inter se, appeal may abate only qua deceased - However, in case there is a possibility that Court may pass a decree contradictory to decree in..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Death of defendant No.1 - Suit for cancellation of sale deeds - Defendant No.1 transferred the suit property in favour of defendant No.2 who further transferred the same in favour of defendant nos. 3 & 4 - He is thus, not a necessary party and as such suit can well proceed against other defendants -..........
Civil Procedure Code, 1908, Section 105 -- Appeal - Striking of defence - Defendant was denied opportunity to challenge order striking of defence - Plaintiff therefore cannot be heard to contend that said order become final due to no, challenge of same by defendant - Since order and judgment under challenge were passed on same day, aggrieved party is also empowered u/s 105..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - First Appellate Court cannot give a decision without formulating points for determination in first appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Factual conclusions based on material evidence cannot be interfered with particularly in second appeal unless it is shown that they are perverse...........
Criminal Procedure Code, 1973, Section 372, 374 -- Appeal against acquittal - Offence u/ss 307, 34 IPC - Accused was acquitted by Court of Assistant Sessions Judge - Appeal would be maintainable before Court of Sessions and not before High Court...........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Appeal against acquittal - Leave to appeal - Civil dispute between parties - Ingredients of criminal offence were not established on record - Even civil suit for possession was filed by complainant and suit was decreed - Grievances of complainant has been properly addressed - No infirmity in impugned order of..........
Civil Procedure Code, 1908, Order 21, Rule 35, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Issuance of warrants of possession - Cancellation of - Suit for possession by way of ejectment - Appeal against decree dismissed in default - Pendency of restoration application in appeal - Mere pendency of restoration application in appeal is not a valid..........
