Criminal Procedure Code, 1973, Section 31 -- Dishonour of cheque - Limit of punishment for offence consisting of several distinct offences - 13 cheques dishonoured - Each cheque issued relates to distinct and separate purchase transactions - Held, Section 71 of IPC not applicable - Each purchase transaction being separate and complete in itself, cannot be said to be parts..........
Criminal Procedure Code, 1973, Section 95(1) -- Forfeiture of a publication - Declaration of forfeiture postulates compliance with twin essential conditions, viz. (i) the Government must form the opinion to the effect that such newspaper, book or document contains any matter, the publication of which is punishable u/ss 124-A or Section 153-A or Section 153-B or Section 292..........
Criminal Procedure Code, 1973, Section 96 -- Forfeiture of a publication - Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture is made u/s 95 of the Code can move the High Court for setting aside the declaration on the ground that it does not contain any such matter as is referred to in sub-section (1) of..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Impleading of L.R's - Non impleadment - Abatement - Setting aside abatement - S.5 Limitation Act applies to an application filed U.O.22.R.9 CPC - An application for setting aside abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5..........
Civil Procedure Code, 1908, Section 35, 35A, 35B, 89 -- Costs - Lack of appropriate provisions relating to costs has resulted in a steady increase in malicious, vexatious, false, frivolous and speculative suits, apart from rendering Section 89 of the Code ineffective - There is urgent need of suitable amendment of these provisions...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused living in Sharjah - Accused contended that before issuing process, Magistrate should himself enquire into the case or direct investigation to be made by a police officer for the purpose of deciding whether or not there is sufficient evidence for..........
Civil Procedure Code, 1908, Section 35, 35A, 35B, 89 -- Costs - Lack of appropriate provisions relating to costs has resulted in a steady increase in malicious, vexatious, false, frivolous and speculative suits, apart from rendering Section 89 of the Code ineffective - There is urgent need of suitable amendment of these provisions...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Additional accused - Name of proprietor of firm not known - Complaint filed against son of proprietor - Proprietor sought to be arrayed as accused - Complaint against respondent No. 2 can be said to have filed on the date of which application under Section 319..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Additional accused - Name of proprietor of firm not known - Complaint filed against son of proprietor - Proprietor sought to be arrayed as accused - Even if initially complainant was not aware about the real proprietor, he could move the application under..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 120B -- Quashing of complaint - Petitioners took loan from complainant but failed to repay the same within stipulated period - Petitioner issued cheques in discharge of their liability which were dishonoured - Complainant neither filed any complaint under section 138 of the N.I. Act nor..........
