Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - For determining jurisdiction, entire averments in plaint, legal rights set up in plaint, source of legal rights, whether they emanate from any statute or under the common law mentioned in the plaint, reliefs claimed in plaint, valuation shown in the plaint for the purpose of jurisdiction etc. are relevant factors -..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Death of two defendants during pendency of suit and their L.R's not impleaded - Decree passed on merits - Decree passed against dead persons, cannot be sustained - Judgment and decree set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Section 9 -- Lok Adalat award - Civil suit is maintainable to set aside award obtained by fraud...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration, permanent injunction and compensation - Matter already compromised between parties - Parties were already placed in possession of their respective allotments - Plaintiff seeking declaration in respect of mango trees standing in the land allotted to defendants, is a mixed question of..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation by CBI - Permissibility - CBI is an independent establishment and not a local police station - Special Judge exceeded its jurisdiction in directing investigation u/s 156(3) Cr.P.C. by CBI, as he was not empowered to direct investigation to any other officer other than the officer in charge of..........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - Acquittal of accused - Due to lack of information about the transfer and posting date, complainant could not make his presence available on three consecutive dates of posting after the transfer - Magistrate without applying his mind into conduct of complainant in prosecuting the case prior to..........
Criminal Procedure Code, 1973, Section 482 -- Order directing to open history-sheet of petitioner - Quashing of order - Eight cases were registered against petitioner, out of them, investigation of four cases was pending - However, till date, petitioner has not been convicted in any of cases - Petitioner is not a habitual criminal - Impugned order set aside - Respondents..........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Issuance of process - Magistrate not bound to set into criminal law in motion simply because petitioner has made the statement and has produced her evidence - Still Magistrate was required to apply his judicial mind to facts of case and material available on record...........
