Hire purchase -- Default in payment - Bank should resort to procedure recognized by law to take possession of vehicle in cases where borrowers may have committed default in payment of instalments instead of taking resort to strong arm tactics...........
Hire purchase -- Default in payment - Forcible seizure of vehicle - Offence by company - Held, a Company can be prosecuted for a criminal offence - There is no immunity to the Companies from prosecution merely because the prosecution in respect of offences for which the punishment is prescribed is mandatory imprisonment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of first complaint for default - Second complaint - Held, filing of second complaint is barred only when first one has resulted in conviction or acquittal or even discharge of accused on merits - Second complaint is not barred if dismissal of earlier one was not on merits but on account of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Legality of - Complainant and respective parties were present but as trial court was busy with another matter, the matter could not proceed further and the matter was adjourned to 08.03.2011 - Thereafter on 08.03.2011 complainant or his learned advocate could not..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of 60 days or 90 days begins to run from the date of first order of remand not from the date of arrest...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If an application for default bail is filed on the ground that charge sheet is not filed within 90 days but before the consideration of the same and before being released on bail, if charge sheet is filed, the said right to be released on bail is lost - After filing of charge sheet, accused can be released on..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - When an application for default bail is filed, merits of the matter are not to be gone into...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - No absence of Counsel for complainant in actual - Only delay in appearance - Held, principles of natural justice require that opportunity be given to complainant to fight out his case on merits - No prejudice would be caused..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to be released on bail will come to an end if the benefit is not availed and in the meantime challan has been filed - If the charge sheet is filed subsequently to availing individual right, then the said right would not stand frustrated or extinguished - In the instant case accused claimed to be released..........
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit dismissed for default - Restoration - Resisting of - Order of restoration was passed upon an application which was served upon Appellant - Order was passed upon payment of costs - All that the order was to allow parties to be heard on merits - Contention that delay of five..........
