Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds for rejection of plaint as canvassed in application U.O.7.R.11 CPC and argued before High Court are not apparent from a meaningful reading of plaint - No grounds for rejection of plaint is made out - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Without any change in circumstance much less substantial change in circumstance - On said ground alone, petitioner deserves to be dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Second anticipatory bail application - Accused by submitting forged documents had received benefits of a revised pay scale from department and prima facie committed offences in question - Custodial interrogation of accused is required for recovering original documents and..........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Merely because cheques issued had been dishonoured does not mean that complainant has been cheated...........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Dishonouring of cheques does not make out a case of cheating, moreso when part payments were made for the goods supplied and the case of accused from the beginning was that they were ready for a settlement of accounts...........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Civil suit for rendition of accounts filed but said fact not disclosed in the complaint - If such fact had been disclosed, possibly summoning order might not have been passed - Complaint and summoning order quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Plea that both the proceedings u/s 138 Negotiable Instruments Act and S.420 IPC can go simultaneously - However, in the present case only one remedy u/s 420 IPC is availed - Said plea would have been available only if both the remedies had been availed of by the complainant - Complaint and summoning..........
Criminal Procedure Code, 1973, Section 439 -- Bail - FIR registered under Gujarat Control of Terrorism and Organized Crime Act (GCTOC) - For invoking provisions of GCTOC Act, more than one charge sheet must have been filed in preceding period of last 10 years - Since, only one charge sheet was filed in respect of an activity which can be said to have been undertaken by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For grant of injunction, existence of three ingredients i.e. prima facie case, balance of convenience, irreparable loss or injury, is not only mandatory, rather they all should co-exist...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Besides well establish parameters/ingredients, for grant of injunction, conduct of party seeking injunction is also of utmost importance...........
