Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - When cancellation of bail is sought either on the ground of post conduct of accused like violation of conditions of bail or on the ground of occurrence of supervening circumstances, Court must issue notice to accused to explain why bail granted to him should not be cancelled...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through duly constituted attorney of bank - Statement of attorney as required u/s 200 Cr.P.C. not recorded - However, sufficient material on record viz. cheque in question, memo of dishonour, demand notice and receipt depicting issuance of..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of provision of S.80 CPC - No relief is claimed against public officers - Rather, public officers are arrayed as proforma defendants - Notice u/s 80 CPC is thus, not required - Application for rejection of plaint rightly rejected...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appearance of accused before Court after receiving notice from police station for filing of charge-sheet amounts to custody and his application u/s 439 Cr.P.C is maintainable...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Directions issued: (i) Trial Courts are directed that when an accused appear before trial Court after receiving notice from police station for filing of charge-sheet, then on his appearance such accused person is deemed to be under custody of Court and his application u/s 439 Cr.P.C. is maintainable and he may not be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Factum of disputed service of notice - Requires adjudication on basis of evidence - Complaint cannot be quashed on disputed question of fact...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Enhancement of sentence - Notice to accused is required to be given by High Court before enhancing sentence - Impugned order set aside...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Permanent alimony - J.D. if not the owner of properties whose list is furnished by D.H. then the same cannot be attached - J.D. living in U.K. - Court gave liberty to D.H. to file a fresh execution petition as and when any particulars of J.D. regarding his address in India or any property in India comes to notice..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte temporary injunction - Notice received after passing of the date of hearing has no legal sanctity - Moreover, purported receipt of registered envelope by defendant cannot be treated to be a proper service in the eye of law - Service thus, was not properly effected and date of hearing also abruptly changed by..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Peremptory direction against third party which goes to his very livelihood and that too, without even issuing any notice to the appellant is clearly unjustified - Such direction vacated...........
