Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Summoning order - Affidavit filed by power of attorney holder as evidence u/s 200 Cr.P.C. - Affidavit reveals that it is executed by power of attorney holder `G' but Oath Commissioner records in it that this affidavit was sworn, signed and verified by `V' -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Commercial suit - Period upto which delay could be condoned was 120 days and not beyond that - Filing of written statement by defendant after 128 days, held not accepted - Order permitting defendant to file written statement quashed and set aside...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Vicarious liability - As per material on record petitioner establishes that he had ceased to be director of company prior to issuance of cheques in question - Nothing on record to indicate that petitioner..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Summoning order set aside by revisional Court - It is apparent that a basic averment that respondent no.2 was responsible to accused company for its day-to-day affairs has been clearly made - However, no material is placed on record,..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Period of limitation for an application U.O.21.R.90 CPC is 60 days as per Art.127 of Limitation Act - Application filed beyond period of 60 days is barred by law, particularly when sufficient documents were not produced by petitioner before executing Court in order to prove his inability for..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Elaborate reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of relevant reasons cannot result in grant of bail - It would be only a non-speaking order which is an instance of violation of principles of natural justice - In such a case, prosecution or informant has a..........
Criminal Procedure Code, 1973, Section 439 -- Bail - There cannot be elaborate details recorded to give an impression that case is one that would result in conviction or by contrast in an acquittal while passing an order on an application for grant of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 341, 34, Arms Act, 1959, Section 27 -- Bail - Attempt to murder - Offences alleged against accused are serious in nature - There is history of enmity between parties - Accused has been named in eight cases and thus, he has criminal antecedents - Accused had absconded for a period of seven..........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- First appeal - High Court, in first appeal, impleaded a party and on this ground judgment and decree of trial Court set aside - High Court did not discuss as to whether an application to implead is maintainable - Judgment and decree of trial Court cannot be set aside without any further entering into merits of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Dismissal of application for injunction in a prior suit instituted by plaintiff - High Court granted injunction by pointing out that it was only a suit for permanent injunction and that dismissal of application for injunction without recording any finding relating to possession was of no consequence -..........
