Criminal Procedure Code, 1973, Section 311, 397 -- Revision - Not maintainable against an order rejecting application u/s 311 Cr.P.C, as it is an interlocutory order...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Striking off - Written statement filed after 120 days - However, summons were never issued by Court - Defendant thus, was never served with summons - It cannot be held that defendant was deemed served on 18.10.19 with summons of suit and as such written statement which was tendered on 5.3.20 was beyond time..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance and issuing summons - Quashing of order - Offence by company - Cheques were issued in favour of complainant whose payment were stopped - Admittedly, notices were sent which were deemed to have been served and amount involved in..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Court when determines, at any stage, that it lacks jurisdiction, then plaint is to be returned and no determination can be made on merits of case - Order of dismissal of suit, set aside, and substituted by an order directing return of plaint for presentation in accordance with law to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Court not opined that accused has in any manner affected the investigation or has shown rowdy behaviour of any kind after having been granted bail - Impugned order cancelling bail set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 138 -- Dishonour of cheque - Quashing of summoning order - It is for accused to establish in trial that cheque in question was not given towards discharge of any debt or liability - No illegality in impugned order - Order cannot be quashed...........
Criminal Procedure Code, 1973, Section 144(2) -- Proceedings u/s 144(2) Cr.P.C - Status quo order - Executive Magistrate did not pen down any observation as to his objective satisfaction to the effect that if any restraint order is not passed, there would be serious breach of peace between parties in respect of suit properties - Without such observation prima facie..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Enforcement of order of maintenance - Order or decree of maintenance may be enforced like a..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Jurisdiction to order consolidation arises where there are two or more matters or causes pending in the Court and it appears to Court that a common question of law or fact arises in both or all suits or that rights to relief claimed in the suits are in respect of or arise out of the same transaction or..........
