Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Non-compliance of S.202 Cr.P.C - Magistrate has taken into consideration complainant's affidavit and documentary evidence on record - He thus, complied with mandate of S.202 Cr.P.C - Moreover, S.202(2) Cr.P.C is not applicable to proceedings of a complaint u/s..........
Evidence Act, 1872, Section 137 -- Written arguments - Cannot be treated as pleadings or affidavit for which a party can be called in witness box for cross examination...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Allegations therein supported by affidavit - Statement of complainant recorded u/s 200 Cr.P.C. - Matter sent u/s 200 Cr.P.C. to the Police - Action taken and order passed is dehors to the legal position and in blatant disregard to the judgment passed by Supreme Court in Lalita Kumari's case -..........
Family settlement -- Suit for declaration - Plaintiff alleges that written compromise executed between parties in which defendant has to leave his part of land in favour of plaintiff - However, no reasonable cause has been given in the said document as to why he is leaving the land in favour of plaintiffs - It is not a valid agreement for want of consideration, as no..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Summoning order - Affidavit filed by power of attorney holder as evidence u/s 200 Cr.P.C. - Affidavit reveals that it is executed by power of attorney holder `G' but Oath Commissioner records in it that this affidavit was sworn, signed and verified by `V' -..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Conduct of Elections Rules, 1961 -- Form 25 - Rejection of election petition - Verifying affidavit in support of election petition filed - However, Affidavit in Form 25 not filed - This is a curable defect - An opportunity must be granted to the Appellant to file an affidavit in support of petition in Form 25 in..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200, 202, 482 -- Dishonour of cheque - An accused can be summoned on the basis of affidavit filed on behalf of complainant - There is no need to record statements u/s 200 and 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Evidence of complainant by way of affidavit - There is no reason for insisting on evidence of witnesses to be taken on oath...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application of accused for striking off evidence has been dismissed - Quashing of order - If complainant is not allowed to file detailed affidavit, then the purpose and purport of provisions contained in NI Act would be rendered to be a nullity and the..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Injunction order passed restraining defendant from putting up construction on item Nos.1, 2 properties - Plaintiff conceded execution of release deed by sisters and sister's son in favour of defendant - Under such circumstances plaintiff getting half share is bleak - Even if plaintiff's..........
