Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint on its face discloses ingredients constituting an offence u/s 138 of N.I Act - Even if plea of petitioner that cheque was issued as security or that liability stood discharged, is taken at face value, such pleas are matters..........
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..........
Arbitration and Conciliation Act, 1996, Section 36 -- Arbitral award - Execution - Arbitral award is enforceable in the same manner as if it were a decree of Court essentially, a deemed decree...........
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...........
Wrong provision of law -- Mere non-mentioning of correct provision is not fatal to application, if power is available with Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Settlement agreement was recorded only in civil Court and a decree passed in the suit - Complaint was neither referred to mediation nor was any compromise reported before trial Court - Criminal proceedings thus, continue to subsist independently...........
Evidence Act, 1872, Section 102 -- (Bharatiya Sakshya Adhiniyam, 2023, S.105) - Burden of proof - Burden is always on party who approaches Court for relief sought in his case and not on weakness of other side - Party litigant has to prove his case on the strength of his own by substantial evidence to discharge onus cast on him, irrespective of question whether the other..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of family Court - Dispute pertains to property rights between husband and wife - Suit is exclusively cognizable by Family Court...........
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...........
Service -- Judicial review - Re-evaluation of answer sheets - There cannot be re-evaluation of an answer sheet unless rules, regulations or policy expressly provide so - High Court cannot assume role of super examiner/subject expert and such an exercise should ordinarily be left to domain experts...........
