Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(1), 35(3) -- Notice of appearance before police officer - Scope - S.35(3) BNSS notice is confined to cognizable offences punishable with imprisonment less than seven years or which may extend to seven years and does not apply to offences punishable with life imprisonment - Police officer and SDJM erred in invoking..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court has power to act suo moto and Court can exercise power if it is of view that circumstances warranting exercising powers u/s 311 Cr.P.C. exist - It is immaterial that circumstances have been brought to notice of Court by complainant or by any other person - Application at the instance of complainant..........
Arbitration and Conciliation Act, 1996, Section 11, 42 -- Appointment of arbitration - Limitation - Petitioner despite the work being concluded on 2000 did not attempt to raise a bill or initiate arbitration proceedings till 2022, when a notice requiring commencement of arbitration proceedings was first issued - High Court erred insofar as finding failure on the part of..........
Contract -- Blacklisting - Show Cause notice - It is necessary for department to issue a specific notice proposing blacklisting of a contractor and call for an explanation as to why an order of blacklisting should not be passed in view of its serious consequences...........
Contract -- Termination and blacklisting - Show Cause notice - Decision to blacklist is independent of decision to terminate and department must demonstrate application of mind before it takes next step of blacklisting the contractor over an order of termination - Upon taking such a decision, it must also issue a show cause notice calling upon contractor to explain why a..........
Contract -- Blacklisting - Show Cause notice - For passing an order of blacklisting there has to be sufficient evidence, clear application of mind and stronger adherence to principles of natural justice - Since blacklisting order falls short of this requirement, same is liable to be set aside - Department directed to issue a fresh show cause notice indicative of reasons as..........
Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 372, 373 -- Succession certificate - Minor a legal heir not impleaded as a party and steps not taken to ensure appointment of a lawful guardian - On publication of public notice minor could not get himself impleaded as a party and raised objections being legally incapacitated from taking such steps..........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Appeal - Dismissal at admission stage - O.41.R.11 CPC provides for power to dismiss appeal without sending notice to lower Court - Thus, necessity is of admission of appeal...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Non production of service report or track report - By itself not a ground to dismiss complaint at the threshold, particularly when complainant has asserted that notice was duly dispatched on correct address of accused - Question whether notice was actually served or not is essentially a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Dispatched within the same city - Presumed to be served within three days - 15 days time begins to run from the date of presumed service - Complaint filed after expiry of statutory waiting period calculated from presumed date of service - Complaint cannot be said to be premature...........
