Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of complaint - Magistrate while summoning petitioners categorically recorded that there is prima facie material to issue process - Issue whether petitioners were Directors on the relevant date or not is a question of fact - Court at this stage is not inclined to go..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 50, Criminal Procedure Code, 1973, Section 227, 228 -- Contraband - Non-compliance of provisions of Ss.41, 42, 50 of Act - Said provisions whether compiled with or not is a question of fact involving appreciation of evidence - However, issue of no, compliance of Ss.41, 42 & 50 of Act cannot be a subject..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Material alterations in agreement to sell - Suit for specific performance - Prima facie alterations in agreement to sell were seen at more than one place - Opinion of expert in such circumstances would assist the Court below in arriving at just conclusion while deciding the suit - Even otherwise, when crucial issue..........
Civil Procedure Code, 1908, Section 9A(2), 9A(1) -- Ad-interim relief - During consideration of preliminary issue - During pendency of notice of motion before High Court, ad-interim relief sought cannot be granted...........
Muslim Women (Protection of Rights on Divorce) Act, 1986 -- Right of Muslim women - Issue regarding gender discrimination - In spite of guarantee of Constitution, Muslim women are subjected to discrimination as there is no safeguard against arbitrary divorce and second marriage by her husband during currency of first marriage, resulting in denial of dignity and security to..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction - Parties by agreement restricted jurisdiction to one out of Courts at two places - While considering application for return of plaint issue of jurisdiction cannot be left open by holding that issue of jurisdiction is a contentious one and that it required oral evidence when the same can be decided by..........
Land Acquisition Act, 1894, Section 11A, 17(1), 48(1) -- Denotification of acquired land - High Court issued directions to authorities without determining the questions arising from pleadings before it - Appellants claiming themselves to be landowners not arrayed as parties before High Court - Several issues have been raised that need to be suitably and articulately..........
Indian Contract Act, 1872, Section 73 -- Damages - Breach of contract - Issue of limitation not pleaded as a ground before trial Court or High Court - It was pressed for the first time in the course of oral arguments before High Court - It is thus irrelevant that appellant State had not raised the issue of limitation before trial Court - A duty is cast on the Court to..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Objections to report of Local Commissioner - If there is any objection to Commissioner's report, it would be considered by Court only to satisfy itself whether objections must prevail and if holds so, it would be competent to re-issue commission to the same local commissioner or under extra-ordinary..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - If issues in subsequent suit are directly and substantially in issue in an earlier suit but subsequent suit decreed, decree cannot be set aside on the ground of pendency of an earlier suit - More so, when there was no application for stay of subsequent suit u/s 10 CPC...........
