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Showing : 11-20 of 401 Results

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Criminal Procedure Code, 1973, Section 41 -- Arrest - Where arrest is not required to be made u/s 41(1) Cr.P.C, police is bound to issue a notice of appearance to accused - Even in such a case failure to comply with notice of appearance or unwillingness to identify himself may be grounds for police to arrest a person to whom a notice u/s 41-A Cr.P.C has been issued...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Order of attachment was passed on very same day on which notice calling upon defendant to furnish security was served that too without giving sufficient opportunity to defendant to respond to said notice as required U.O.38.R.5(1)(b) CPC - There is thus, non-compliance..........

ORISSA HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Successive presentation - Where the cheque was presented second time within validity period of cheque and thereafter issued statutory notice as required under law, complaint based on such notice is maintainable...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Written statement is required to be filed within 30 days of service of notice as per provision of O.8.R.1 CPC - Said period is extendable to 90 days - One last effective opportunity to file written statement thus, granted to defendant keeping in view of conditions..........

TRIPURA HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Friendly loan - Basic ingredients which are required for transaction not disputed - There is no dispute relating to issuing of demand notice by complainant to accused - Accused sentenced to pay Rs.3,00,000/- in default S.I. of One year u/S.138 of NI Act...........

JHARKHAND HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Delay of 8 in filing complaint - Proviso (c) of S.138 of the Act speaks that for drawer of such cheque fails to make payment of said amount of money to payee or as the case may be, to holder in due course of cheque..........

RAJASTHAN HIGH COURT

Year of decision: 2021
Details

Criminal Procedure Code, 1973, Section 228, Prevention of Corruption Act, 1988, Section 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B -- Discharge - Offence u/ss 13(1)(D), 13(2) of P.C Act and S.120-B IPC - Accused contended that presently they are not partner in partnership firm, as they parted with partnership before tender of contract - However, nothing on..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2021
Details

Stamp Act, 1899, Section 33 -- Deficient stamp duty - Order for demand - Show cause notice not issued to petitioner to explain with regard to undervaluation of property - Order for demand is required to be proceeded by appropriate reasons - Until and unless an explanation is sought for from petitioner by respondent making demand straightaway without hearing him, is..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Rent and Eviction -- Demolition of building - Non-serving of notice u/s 462 of Karnataka Municipal Corporations Act - S.322 of Karnataka Municipal Corporations Act empowers Commissioner for immediate evacuation of property and any person disobeying such orders was to be removed by any Police Officer - Time for complying with the order does not arise in the case of a..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Consumer Protection Act, 1986, Section 12, Carriers Act, 1865, Section 10 -- Consumer complaint against common Carrier - Not maintainable without serving prior notice u/s 10 of Carriers Act - Notice is required to be served prior to initiation of proceedings and not proceedings itself...........

Showing : 11-20 of 401 Results