Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Bail during pendency of appeal - Condition to deposit 1/4th of compensation amount as awarded by trial Court, as a condition precedent for being released on bail pending disposal of appeal - Appellate Court u/s 148 of N.I. Act cannot pass an order directing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, Negotiable Instruments Act, 1881, Section 138 -- Interim bail - Cheating - Dishonour of cheque - Accused named as accused in offence u/ss 420, 406 IPC and S.138 of N.I. Act - Trial of case likely to take some time - Accused undertakes to extend full cooperation to trial Court for early..........
Criminal Procedure Code, 1973, Section 439, 438 -- Bail conditions - Directions issued to Courts viz : (i) bail conditions should not mandate, require or permit contact between accused and victim - Such conditions should seek to protect complainant from any further harassment by accused; (ii) where circumstances exists for Court to believe that there might be a potential..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witnesses - Power u/s 311 Cr.P.C can be exercised at any stage - There is no bar that order of examination of witnesses cannot be passed after defence evidence is over...........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Judgment of Small Cause Court - Non-framing of point of determination - Eviction suit - Defence of petitioner was struck off - Point of determination could have been framed only if defence was on record and there was any points to be determined - There was thus, no illegality or irregularity in passing order without point of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Petition under Article 227 Constitution of India is not maintainable against such an order particularly when plaintiff has an alternate remedy available to file appeal against such an order...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Petition of appointment of guardianship - Family Court entertained transposition application filed by mother ex parte and that too without ensuring that it was duly served on father consequent to notice issued thereon by Court - Such transposition was permissible but after allowing application ex..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court while summoning petitioner has not considered overwhelming evidence collected by I.O during course of investigation which would demonstrate that petitioner was not present at the time and place of occurrence - Impugned order of summoning of petitioner is unsustainable and against..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - After filing of challan - Magistrate is empowered to order further investigation even after filing of challan...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Incorrect appreciation of a provision of law - Proper remedy is to approach Competent Court in Appeal against the judgment and order...........
