Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction - Transfer of case - S.142(2)(b) of the Act provides that the offense u/s 138 of the Act shall be inquired into and tried by a Court within whose local jurisdiction, if the cheque is presented for payment by the payee or holder in due course, the branch of the drawee bank where the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Arraying of a proprietor as an accused or a proprietary concern represented by proprietor is sufficient compliance with the requirements of S.138 of the Act - Proprietor and proprietary concern not required to be separately arrayed as a party accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder can file a complaint, can depose an affidavit as also record his sworn statement in a proceedings u/s 138 of the Act...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Recovery of 255 gms of heroin - When an under trial has been in custody for a significant period of time and trial is being held up for no fault on his part, Court cannot be expected to be a mute spectator and should rather unhesitatingly interfere for..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - When the application for expert opinion was moved, same was not objected by petitioner and name suggested by respondent was agreed by petitioner for getting the report as a handwriting expert - Only after the report was received against petitioner objections on report was raised - Filing of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Proceedings u/s 12 of the Act are not in strict sense criminal in nature, as such bar to alter/revoke an order by a Magistrate is not attracted to proceedings...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - Power of revision available to High Court u/s 401 r/w S.397 is not wide and exhaustive to re-appreciate evidence to have a contra finding...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Where evidence sought to be brought on record is essential to the issue involved, powers u/s 311 Cr.P.C. must be invoked...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel in a case cannot always be ground for recalling and re-examination of witness, more so, in cases of sexual offences - However, facts and circumstances of each case have to be appreciated before deciding an application u/s 311 Cr.P.C...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - It is only if a party is a necessary or a proper party that they can be directed by Court to be joined in the proceedings - If a person is not found to be a necessary or proper party, Court has no jurisdiction to order impleadment against the wishes of plaintiff...........
