Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 391, 401 -- Offence u/Ss.420, 467, 468, 471, 120-B IPC - Additional evidence at revision stage - Judgment of District Collector - Applicant had filed complaint before District Collector and was aware that judgment had been delivered by District Collector, therefore, applicant..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 84 -- Dishonour of cheque - Proclaimed person - Satisfaction recorded by trial Court cannot be stated to be proper since no effective service of notice/bailable warrants/non-bailable warrants was proved to have been effected upon petitioner - Action of trial Court by switching..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accepted by a relative - No evidence that accused was aware of service of notice on his relative - If there is no such evidence, it is to be presumed that statutory notice is not served on accused - Conviction and sentence set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time to file final report - Opportunity of hearing - Accused was duly served notice about petition filed for extension of time to file final report - Accused were given opportunity of hearing - No infirmity or illegally in extending time to file final report...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 2nd Proviso - For applicability of second proviso to O.9.R.13, two things are required - Firstly, mere irregularity in service is not sufficient and secondly, Court should be satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer plaintiffs claim - If both conditions are satisfied..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that cheque and other documents are null and void - Trial Court based on FIR registered by plaintiff against defendant has straightaway taking version pleaded by plaintiff as conclusive proof decreed the suit without considering fact that FIR was registered based on statement given by plaintiff..........
Transfer of Property Act, 1882, Section 106 -- Lease - Lease for purposes of parking vehicles, neither for manufacturing nor agricultural purpose would be deemed month-to-month terminable by fifteen days notice...........
Agreement to sell -- Specific performance - Ready and willing - None of plaintiffs who were parties to agreements entered the witness box to prove their willingness to purchase property - Agreement upon which plaintiffs seek relief of specific performance had been expressly repudiated by vendors through notice - Plaintiffs, however relying on alleged part payments made..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Petitioners settled dispute with complainant by making entire payment - Offence committed by petitioners u/s 138 of the Act thus, stand compounded - Petitioner No.2 acquitted of notice of accusation framed against him...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360, 438, 442 -- Withdrawal of prosecution - Revision filed by accused against dismissal order u/s 360 BNSS - If order passed u/s 360 BNSS is s vitiated by non-application of mind, accused has every right to bring it to notice of High Court by way of a revision...........
