Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Compromise - Recovery of unpaid amount - Dispute between parties compromised and order of acquittal was passed reserving liberty in the event of default in payment by accused to complainant to invoke S.421 Cr.P.C - Accused defaults in payment - Criminal..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An order allowing application u/s 311 Cr.P.C. should have specific reasons explaining how re-calling and re-examination of witnesses are necessary for the just decision of the case - Cryptic non speaking order would not suffice...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Examination of doctors with support of entire medical documents - Where there is allegation from the side of accused that medical negligence is the reason for the death of child and prosecution case is that death was not due to any medical negligence, accused would not be put to any prejudice if..........
Legal Services Authorities Act, 1987, Section 21(2), Civil Procedure Code, 1908, Section 152 -- Lok Adalat Award - Misdescription of property - Amendment/correction of description of property - Petitioner to move trial Court and Lok Adalat for amendment in property description and trial Court and Lok Adalat will suitably amend the description of property...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents sought to be produced by parties must be those documents which they seek to sue or rely upon...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents sought to be produced is the affidavit in evidence of respondent's son in another trial - However, necessary pleading is not available in the plaint with regard to affidavit in evidence or contents thereof - Petitioner can use the evidence on affidavit during course of cross-examination..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Mere filing of charge sheet is not a ground at all or has no persuasive value to grant bail to an accused of allegedly committing offence under penal provisions of NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 25, 29, Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Offence u/ss 20(b)(ii)(c), 25, 29 of NDPS Act - Materials available on record do not suggest anything that there are reasonable grounds to believe that accused is not guilty of committing the alleged offence under NDPS..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - DH filed income tax returns of JDs, which shows that they have requisite means and are intentionally evading to pay decretal amount - However, this aspect was not considered by trial Court - Trial Court directed to re-examine about means of JDs for non-payment of decreetal amount...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Second FIR is not connected with the offence alleged in the earlier FIR - Second FIR is maintainable...........
