Criminal Procedure Code, 1973, Section 111, 110(G) -- Notice u/ss 111, 110 Cr.P.C - Order contemplated u/s 111 Cr.P.C requires application of mind and has to be prepared and drawn up cautiously and carefully in compliance with provisions of S.111 Cr.P.C and order must contain reasons of Magistrate's satisfaction...........
Criminal Procedure Code, 1973, Section 111, 110(G) -- Notice u/ss 111, 110 Cr.P.C - Substance of information is the matter for issuance of show cause notice - If substance of information is not given in the order u/s 111 Cr.P.C, person against whom order has been made may remain in confusion and may not be able to give explanation...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against order granting bail - Factors which ought to have been considered while granting bail, not considered - There are allegations that family of deceased had been threatened on behalf of respondent No.2 - Bail granted to respondent No.2 is liable to be set aside...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - High Court reduced mesne profits on the ground that premises is residential, being used for residential purposes and construction is about 100 years old and report of approved valuer is with respect to commercial purposes and High Court did not at all considered market rate as per current potential of suit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Delay of 8 in filing complaint - Proviso (c) of S.138 of the Act speaks that for drawer of such cheque fails to make payment of said amount of money to payee or as the case may be, to holder in due course of cheque..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Breach of bond conditions - Involvement in a criminal case registered subsequently - Order sending to custody due to violation of bond passed after affording due opportunity to appellant - High Court rightly affirmed said order - No interference warranted in said order...........
Criminal Procedure Code, 1973, Section 379 -- Appeal against acquittal - Law as to: (i) while dealing with appeal against acquittal, reasons which had weighed with trial Court in acquitting accused must be dealt with, in case appellate Court is of the view that acquittal rendered by trial Court deserves to be upturned: (ii) with an order of acquittal by trial Court, normal..........
Civil Procedure Code, 1908, Order 26, Rule 13, 14 -- Report of Court Commissioner - Partition suit - Commissioner had determined 1/6th share by demarcating four boundaries as per sale deeds, yet one area survey no. did not tally with that of sale deed - Since there is no clarification on that aspect, Court below rejected the report of Court Commissioner - Order rejecting..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing and alienating suit property - Prima facie plaintiff is not sole owner of suit property and his possession of suit property is not prima facie established - Plaintiff is not entitled to relief of temporary injunction - Order allowing application for temporary..........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - Application for recall of order is maintainable as it was an application seeking a procedural review and not a substantive review to which S.362 Cr.P.C would be attracted...........
