Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326(3), 482 -- Dishonor of cheque - Summary trial - To be conducted as summary trial w.e.f. 6.2.2003 - Offence of dishonor of cheque committed before 6.2.2003 - No part of the trial held in a summary way and even accused never raised any objection to that - No prejudice can be said..........
Civil Procedure Code, 1908, Section 102 -- Suit for the recovery of Rs.20000/- dismissed - Appeal filed by plaintiff allowed - Second appeal not maintainable because of bar of Section 102 CPC which provides that no second appeal shall lie from any decree, when the subject matter of the original appeal is for recovery of money not exceeding Rs.25000/-...........
Civil Procedure Code, 1908, Section 60(1)(i) -- Execution of decree - Attachment of salary - Application for attachment of salary for recovery of decreetal amount of Rs.1,79,000/ - - Total salary of JD Rs. 5847/ - - The provision of Section 60(1)(i) CPC would apply in favour of DH - Salary of JD would be exempted towards first one thousand rupees and two thirds of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by wife - Husband setting up written divorce agreement - Agreement that wife will not claim maintenance - Such an agreement is opposed to public policy and is against the required intendment of provisions of Section 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Consideration for grant of anticipatory bail and regular bail are not the same - Offences affecting the mankind, the environment, the forest wealth, the people at large, the safety and security of the nation, the economic stability of the country and the like are to be distinguished from the offences..........
Civil Procedure Code, 1908, Order 39, Rule 1(a) -- Temporary injunction - Defendant can seek injunction against plaintiff on the grounds mentioned in O.39.R.1(a) CPC but cannot seek injunction on the grounds other than those mentioned in O.39.R.1(a) - Defendant cannot invoke inherent powers under Section 151 of the Code for seeking temporary injunction on grounds other..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Indian Penal Code, 1860, Section 336, 452, 427, 323, 506 -- Bail - Offence u/s 336, 452, 500 IPC and SCST Act - Section of SCST Act under which offence committed not mentioned - Dispute is primarily of business dealings - State does not require..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted and undergoing sentence in a criminal case - Subsequently convicted in another case - No prayer made for concurrent running of sentences - Judgment pronounced - After judgment, court cannot have resort to provisions of Section 427 to make sentences run concurrently - Remedy is..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Mere mention of sections and language of those section is not sufficient - It must be brought to the notice of the Court the particulars of the offence committed by each and every accused and the role played by each and every accused in committing the offence - Vague complaint - Complaint..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - One of the legal representatives already on record - Omission to impleaded L.R's of deceased defendant a bona fide mistake - Impleadment of L.R's subsequently relates back to date of filing of suit in view of proviso to sub-section (1) of S.21 of Limitation..........
