Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 483(3) -- Quashing of order of cancellation of bail - Petitioner had not willfully absented himself to hamper the trial - Rather, instead of cancelling bail on account of his non-appearance, Court ought to have exempted his personal appearance with a direction to appear on the next date when case was adjourned for..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 483(3) -- Quashing of order of cancellation of bail - Mere fact that petitioner had sought exemption on three dates out of six dates of hearing, it cannot be inferred that he had willfully absented himself or was hampering the trial - Bail could have been cancelled only after recording a satisfaction that petitioner..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Informant/victim was not notified about bail application - There is factually a denial of right to victim to participate in proceedings which is recognized u/s 483(2) BNSS - Order granting bail suspended for three weeks - Opposite party no.2 is directed to surrender before trial Court and..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court lacking jurisdiction - Trial Court dismissed the suit - Impugned order set aside - Trial Court directed to return the plaint for presentation before Court of competent jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - When claim petition was presented, trial Court returned the same with an office objection - Instead of representing the petition and invite an order from executing Court, petitioner hastened..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Arms Act, 1959, Section 25(1B)(a), 29(b) -- Bail - Offence u/ss 25(1-B)(a), 29(b) of Arms Act - Petitioner is in custody for the last more than 3-1/2 months - Investigation is complete and challan stands presented - Recovery of alleged weapon has already been effected and fact that trial may take a long time to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - O.6.R.17 CPC Code does not mandate petitioner to show due diligence even when trial has not commenced...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 94 -- Summoning of document - Object of S.94 BNSS - S.94 BNSS confers power in hands of Court or Office-in-Charge of police in case of pending investigation, inquiry, trial or other proceedings to produce document or other thing which Court or Police authority deems relevant and cogent for conducting of investigation,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447(2) -- Transfer of case - Mere fact that trial Court advanced the date for final arguments does not by itself indicate any element of bias or prejudice in conduct of proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Complaint filed against accused as proprietor of firm, whereas cheque was issued by partnership firm and partnership firm not arraigned as an accused - Non impleadment of firm is a curable defect - Effective trial not yet commenced - Complainant permitted to file an application..........
