Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of fine amount - Provision u/s 148 of the Act requiring accused to deposit 20% of amount of fine in an appeal against conviction is mandatory in nature, as expression `may' as contained in said provision be read as `shall'...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application - Appeal thereagainst does not lie...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(1) -- Appeal - Against order taking cognizance of offence is an intermediate order against which appeal would lie u/s 14-A(1) of the Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(1), Criminal Procedure Code, 1973, Section 5 -- Appeal - Procedure - No procedure and power of appellate Court has been provided in SC/ST Act - S.5 that relates to "saving" will apply in such matter...........
Criminal Procedure Code, 1973, Section 372 -- Appeal - Inadequacy of sentence - Appeal thereagainst - Not maintainable...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 27, 28 -- Remand of case - Court having allowed application U.O.41.R.27 CPC had two options contemplated U.O.41.R.28 CPC i.e either to record evidence itself or to direct Court from whose decree appeal had been preferred to record such evidence - However, despite allowing additional evidence U.O.41.R.27, appellate..........
Service -- Cancellation of appointment on the ground of criminal charge of forgery - When the appellant was never at fault and no one has afforded him a reasonable opportunity and also failed to consider that the appellant was a juvenile on the date when the complaint was made - These peculiar facts were not noticed by the authority while exercising its judicious..........
Constitution of India, 1950, Article 226 -- Writ appeal - There must be an independent application of mind and at least some independent reasoning to be given by appellate Court while deciding and disposing of writ appeal - Since there is no independent application of mind at all by Division Bench while deciding appeal as such order of High Court dismissing writ appeal..........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Decree for recovery of gold ornaments - Wherever a decree has been passed allowing the petitioner, alternative relief of value of gold ornaments as on date of purchase, date of petition, or the date of decree, as the case may be with interest for delayed payment unless it is set aside or modified in an appeal or..........
Customs Act, 1962, Section 129E -- Pre-deposit of amount pending appeal - Non-compliance of S.129-E of the Act - Incident which triggered the appeal filed by appellant took place in 2013 and appeal filed in the year 2017 - Benefit of S.129-E Proviso would apply only if appellant is maintaining the appeal and he is called upon to pay full amount u/s 129-E under earlier..........
