Bharatiya Nagarik Suraksha Sanhita, 2023, Section 245 -- (Criminal Procedure Code, 1973, S.222) - Minor offence - Where facts proved disclose commission of a minor offence, trial Court is empowered u/s 222 Cr.P.C. to record conviction for such minor offence even in absence of a specific charge, provided essential ingredients thereof are established beyond reasonable doubt..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - Protections available to bona fide claimants U.O.21.Rr.98, 100 CPC do not apply to a transferee pendente lite...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection by transferee pendente lite - Appellant is a purchaser post-arbitral award for recovery of amount - Execution proceeding was pending when sale deed was entered into between respondent No.2 and appellant - Moreover, appellant failed to discharge the onus on sale being without notice of..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objection - Judgment debtor cannot defeat a decree by alienating property after decree is passed but before decree is realized...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - When several issues arise for being answered by a Court in facts of a given case, ideally disposal thereof ought to be preceded by recording Court's answers to each of such issues with reasons rather than decision of Court focusing on just one decisive point...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa) -- Dishonour of cheque - Complainant u/s 138 of the N.I Act is a victim as defined in S.2(wa) Cr.P.C. as the expression `victim' includes not only person who has suffered any loss or injury caused by reason of any act or omission for which accused person has been charged, but also..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372Proviso, 378 -- Dishonour of cheque - Appeal against acquittal - Person who files a complaint alleging offence u/s 138 of N.I Act has right to prefer appeal u/s 378 or S.372 proviso Cr.PC (S.419 and S.413 Proviso BNSS) - Since an appeal lies under Cr.P.C or BNSS, no proceeding by way..........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 397(3) -- Dishonour of cheque - Second revision application - S.397(3) Cr.P.C. enacts a clear prohibition against entertaining a second revision at the behest of same party...........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Order striking off defence - Order recalled subject to payment of cots - Costs accepted - Once plaintiff accepted the costs, he is estopped from challenging said order allowing application u/s 151 CPC - Order allowing application u/s 151 CPC upheld...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Any finding recorded by a Court lacking inherent jurisdiction does not operate as res judicata between parties...........
