Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte ad interim injunction without notice to the opposite party - Court should record its reasons - An obligation is cast on the applicant to comply with requirements of clause (a) and (b) of the proviso - Both the provisions are mandatory...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused failed to rebut the presumption u/s 139 of the Act - Complainant on the other hand has succeeded in establishing that cheque was issued by accused in discharge of a legally enforceable debt - Registered notice sent to accused was returned as unclaimed - Endorsement in notice..........
Bharatiya Nyaya Sanhita, 2023, Section 126(2), 115(2), 118(1), 351(2), Arms Act, 1959, Section 25(1B)(a), 26, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/Ss.126(2), 115(2), 118(1), 351(2) BNS and 25(1B)(a), 26 Arms Act - Anticipatory bail - Non issuance of notice u/s 35 BNS - Session Court instead of allowing or rejecting bail petition, gave liberty..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Anticipatory bail petition is maintainable despite provision of S.35 BNS - Petition is maintainable, even if police gives notice to accused expressing his opinion that arrest is not necessary for completing investigation...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35, 190 -- Arrest - Apprehension of arrest to accused never vanishes completely, even if notice is issued by Police and all the conditions of notice is complied with by accused...........
Bombay, Maharashtra Stamp Act, 1958, Section 53A -- Limitation - Validity - Whether the impugned order can be said to have been passed within reasonable period from the expiry of six years, if we accept the submissions of the respondents ? - Impugned order dated 14 August 2012 cannot be said to have been passed within the limitation period of 6 years provided under Section..........
State Financial Corporation Act, 1951, Section 29, Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act,1993, Micro, Small and Medium Enterprises Development Act,2006 -- Maintainability of Suit - The trial Court however, without analyzing the scope and applicability of the S.F.C. Act, 1951, the requirement of mandatory notice under Section..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Petitioner/surety was penalized without providing any rightful opportunity of hearing - No notice was served upon petitioner - By erroneously recording absence of petitioner despite notice, trial Court penalized him for an amount of Rs.30,000 which is not sustainable in law - Impugned order set aside..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 89 -- Auction sale - Setting aside on deposit of amount - Auction purchaser was not given notice and opportunity to contest the execution petition - Aspect whether JD can be permitted to deposit the amount under any exceptional circumstances was not discussed - There is no examination of aspects whether JD could make..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 203, 223 -- Cognizance of offence - Issuing notice to accused without recording statements of complainant and witnesses not permissible, as it is against prescribed procedure under BNSS - Notice quashed...........
