Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Article 127 -- Auction sale - Setting aside - Limitation - Notice not given to J.D. for drawing up sale proclamation - Sale is a nullity - There is no question of 60 days limitation in making application for setting aside sale...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Notice - Sufficient of service of notice - Question is to be decided on basis of evidence led during trial and not at initial stage - Proceedings cannot be quashed on ground of insufficiency of service of notice, when question is yet to be decided..........
Criminal Procedure Code, 1973, Section 340 -- Notice or preliminary enquiry - Provision does not require - However, principles of natural justice require reasonable opportunity by issuing show cause notice to be given before coming to final conclusion for prosecution in terms of S.340(1) Cr.P.C...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Notice to the opposite party - Suit was dismissed in the absence of the defendant - It is not necessary to issue notice to the other party...........
Criminal Procedure Code, 1973, Section 428 -- Inherent powers of High Court - An order cannot be passed without notice to the person likely to be affected by the proposed order...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Exparte decree - Setting aside - Name and addresses of witnesses not mentioned in whose presence affixation of summons was made at the house of the petitioner - Defendant had notice of date of hearing - Exparte decree on basis of irregularity in service of summons cannot be set aside...........
Criminal Procedure Code, 1973, Section 401 -- Revision - Concurrent finding of facts recorded by Courts below - Not to be interfered with unless glaring features which would otherwise tantamount to gross miscarriage of justice is brought to the notice of the Court...........
Civil Procedure Code, 1908, Order 21, Rule 77 -- Auction sale - Property of Company attached towards recovery of arrears of Employees Provided Fund - Order of auction - Notice Published - Petitioner defaulter itself agreed for sale of property - Petitioner never filed objections - Bank, one of the creditors claiming first charge over said property also did not file..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Explanation - Fist and leg blows given to victim in stomach - No injury visible - Serious notice not taken and report not lodged with police - Next day doctor found serious injuries in the stomach - Thus there was delay of two days in lodging FIR - Held, delay properly explained...........
Civil Procedure Code, 1908, Order 39, Rule 3-A -- Temporary injunction - Exparte - Such an application be disposed of within 30 days from the date of order after giving notice to other side - Attempt of the party who obtained such an order, to stall the proceedings from passing an order on merits - Deprecated...........
