Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397 -- Dishonour of cheque - Question raised is whether notice of demand for payment issued by payee, is time barred or not - Held, it is a question of fact which has to be decided by trial Magistrate - Bar against revision under Section 397 cannot be defeated by invoking inherent..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 'No instructions' - On pleading of counsel defendant proceeded exparte - Court did not issue any notice to defendant who was not present when his counsel reported no instructions - Defendant was neither careless nor negligent in defending suit - Held, trial Court in the interest of justice should have allowed the application..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - In the matter of appointment of receiver of the property in dispute before it, the Court has a wide discretion, but it must be satisfied on the materials brought to its notice that it was just and convenient to appoint a receiver - Defendants were not to lose their right as proprietors while dealing with the..........
Civil Procedure Code, 1908, Section 80, Order 27, Rule 5A -- Sub Inspector of Police - Misbehaviour - Suit for damages - Notice u/s 80 issued to Sub Inspector of Police and not to State - State impleaded party in view of provision of O.27.R.5A - No relief claimed against State - Suit is not bad for want of notice to State...........
Civil Procedure Code, 1908, Order 33, Rule 2, 5(a), Civil Procedure Code, 1908, Order 44, Rule 1 -- Indigent person - Leave to file appeal as an indigent person - Retirement benefits received to the tune of Rs.80, 000/- not mentioned in the affidavit filed in support of the application - In reply to notice it is stated that the amount is spent for the marriage of daughter..........
Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution - Arrest warrant - A person cannot be arrested and sent to jail in execution of a money decree without giving him an opportunity and without conducting an enquiry as to his means - Mere inability to pay the decretal amount is not a ground to send a person to jail - Even if notice is dispensed with under proviso..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10, Constitution of India, 1950, Article 215 -- Contempt of Court - Wilful disobedience must be proved beyond all shadow of doubt - Knowledge about ad interim order cannot be presumed on the basis of bald allegations about its communication to the Counsels for non-petitioners -..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Material irregularities - Substantial injury to person entitled to claim rateable distribution - Correct date of auction sale not shown in auction sale - Location of property put to sale not shown - Extent of lands for sale and valuation of property not correctly shown - Publication of auction..........
Criminal Procedure Code, 1973, Section 173(2) -- CBI filing final report under section 173 Cr.P.C. before Magistrate seeking closure of case - Notice not issued to informant i.e. UPSC - Held that as per law laid down in Bhagwant Singh's case, the issuance of a notice by Magistrate to the informant at the time of consideration of the final report is a must..........
Criminal Procedure Code, 1973, Section 321 -- Application of the state under Section 321 Cr.P.C. - Respondents acquitted of charge under Sections 420, 467, 468 and 471 IPC - No notice issued to the complainant - Held that if the complainant was not heard by the learned Magistrate before passing the impugned orders, the said orders are against the principles of natural..........
