Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Quashing of summoning order - Accused summoned on the basis of affidavit of power of attorney holder - Power of attorney not witnessed transaction or possess due knowledge regarding said transaction - Power of attorney could not depose and verify on oath - Order taking cognizance set aside - Matter..........
Criminal Procedure Code, 1973, Section 145, 146(1), 397 -- Order passed u/s 146 Cr.P.C. - Not an interlocutory order - Revision against such order is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Civil Procedure Code, 1908, Order 18, Rule 2(2), 3 -- Defendant permitted to lead secondary evidence qua the compromise - No opportunity given to plaintiff to rebut the same - Since defendant was given an opportunity to lead secondary evidence qua the compromise, an opportunity ought to have been given to plaintiff to rebut the said evidence - O.18.R.3 CPC is not..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Possession was taken by acquiring body and was handed over to beneficiary - Any possession by petitioners thereafter can be said to be encroachment - Encroachers cannot be permitted to take benefit of..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Title with respect to land in question was yet to be established - Petitioner was not recorded owner - Possession of land was handed over to DDA - However, recorded owner never came forward to receive..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Transfer of investigation should not be a matter of course and such an order should only be passed with great circumspection - Impugned order of High Court transferring investigation to CBI not interfered in view of peculiar circumstances of the case - CBI to assign a reasonable priority to..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of insanity - Accused assaulted deceased with an iron locking plate without any provocation and premeditation - There was no motive and over act attributed to accused - Factum of prior treatment of accused is not in dispute which is corroborated by AW2 on more than one occasion - Report of Government Doctor AW1 is..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Petitioner is in Canada since 2015 - No notice/proclamation was served upon him at the place of his residence and he was wrongly declared proclaimed offender vide impugned order in breach of prescribed procedure u/s 82 Cr.P.C - Order of declaring petitioner as proclaimed offender quashed along with all..........
Criminal Procedure Code, 1973, Section 482, 362 -- Altering or reviewing of judgment or final order - Except to correct a clerical or arithmetical error, applies to S.482 Cr.P.C. as well...........
