Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2), Criminal Procedure Code, 1973, Section 438 -- Appeal - Order rejecting anticipatory bail application by Special Court - Only remedy available for petitioner is to file an appeal u/s 14-A(2) of the Act, as existence of an order of Special Court is sine qua non for approaching High..........
Civil Procedure Code, 1908, Section 151 -- Power u/s 151 CPC - Cannot be invoked by Court to pass an order or direction for which there is separate provision under CPC...........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Confiscated proceedings have not been initiated with regard to vehicle - Court directed to release of seized vehicle - No typographical or any other apparent mistake has been committed in the order -..........
Civil Procedure Code, 1908, Order 21, Rule 94 -- Auction sale - Sale certificate - When sale was confirmed and sale certificate was issued after overruling objections raised by JDs, High Court ought not to have thereafter set aside order overruling objections raised by JDs - Order of High Court set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of plaintiff that plaint discloses triable issued as such plaint should not be rejected at the initial stage - Entire base of filing of suit is pre-emption agreement executed by Power of Attorney holder - To confer a right and to bind the owner, there has to be a valid Power of Attorney - In the..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Due to conviction appointment on compassionate ground refused - Once consequences of conviction are made known to Court, Court is entitled to stay conviction order - Conviction stayed till pendency of appeal against conviction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Criminal Procedure Code, 1973, Section 110, 111, 116 -- Bond for good behaviour - Order passed u/s 111 Cr.P.C, did not say anything about amount of bond to be executed and nature of number, character and class of sureties that were required to be furnished - This is a clear violation of S.111 Cr.P.C - Moreover, no cogent reasons were recorded in writing as envisaged in..........
Criminal Procedure Code, 1973, Section 216(1) -- Addition of charge u/s 202 IPC - Trial Court while adding charge has not indicated with certainty as to what material is on record which prima face shows that accused have committed offence u/s 202 IPC - Keeping accused in dark of those materials would cause serious prejudice to them - Order of addition of charge u/s 202 IPC..........
