Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa) -- Dishonour of cheque - Complainant u/s 138 of the N.I Act is a victim as defined in S.2(wa) Cr.P.C. as the expression `victim' includes not only person who has suffered any loss or injury caused by reason of any act or omission for which accused person has been charged, but also..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372Proviso, 378 -- Dishonour of cheque - Appeal against acquittal - Person who files a complaint alleging offence u/s 138 of N.I Act has right to prefer appeal u/s 378 or S.372 proviso Cr.PC (S.419 and S.413 Proviso BNSS) - Since an appeal lies under Cr.P.C or BNSS, no proceeding by way..........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 397(3) -- Dishonour of cheque - Second revision application - S.397(3) Cr.P.C. enacts a clear prohibition against entertaining a second revision at the behest of same party...........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Order striking off defence - Order recalled subject to payment of cots - Costs accepted - Once plaintiff accepted the costs, he is estopped from challenging said order allowing application u/s 151 CPC - Order allowing application u/s 151 CPC upheld...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Any finding recorded by a Court lacking inherent jurisdiction does not operate as res judicata between parties...........
Criminal Procedure Code, 1973, Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Convenience of wife is to be looked into whenever transfer of case is sought...........
Criminal Procedure Code, 1973, Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Sought by husband - Merely because husband's mother is widowed aged lady is not a ground for seeking transfer of case - Application dismissed...........
Criminal Procedure Code, 1973, Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Husband stated that he met with accident and sustained injury to his leg and he is not able to travel from Bengaluru to Chikkamagaluru to lead evidence - Said aspect is not made out a ground in the petition to be considered - Application..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 18, Article 21 -- Rejection of plaint - Barred by limitation - Recovery suit - Acknowledgment of debt - Loan was advanced on 13.11.2015 and limitation period of three years prescribed u/art 21 of Limitation Act expired much prior to alleged acknowledgement dated 30.7.2020 - Acknowledgment of debt..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Restoration of suit dismissed in default - Non revealing of source of information regarding dismissal of suit - A litigant who does not state exact date of knowledge and source of knowledge regarding passing of an order, and in cases where there is no other material found from record to arrive at a conclusion regarding..........
