Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of cheque amount - Appellate Court failed to consider whether case falls under an exception or not to impose conditions as prescribed u/s 148 of N.I. Act - Impugned order set aside - Application u/s 389..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Breach of public peace - Condition precedent for initiating proceeding u/s 145 Cr.P.C is satisfaction of Executive Magistrate regarding apprehension of breach of public peace on account of dispute relating to actual possession of subject property as per report or information received by Executive..........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 Cr.P.C - Petitioner filed application while concealing fact that earlier same application was filed which was dismissed and said order has not been challenged by complainant - Said order has attained finality and petitioner cannot seek a different outcome in the same matter without challenging previous order..........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C - While initiating proceedings u/s 107 Cr.P.C (S.126 BNSS), Magistrate must pass a preliminary order, stating nature of information received and relevant factors which influenced him to form an opinion that concerned person is likely to cause imminent breach of peace, making it essential to take..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Can be delivered only with the leave of Court and the party shall not deliver more than one set of interrogatories to the same party, without the order of Court...........
Civil Procedure Code, 1908, Section 89 -- Meditation - Mediation has to be by consent of both the parties - Mediation cannot be thrusted upon either of parties - Moreover, when High Court itself, on more than one occasions in the contempt proceedings, had found that the State was bound to comply with the writ of mandamus issued by it and had also issued notice to Chief..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Order of dismissal of a suit will be a decree, provided conditions in S.2(2) CPC are satisfied...........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of Act of 1986 - Quashing of FIR - Allegation that appellants being member of gang led by A-1 were involved in three criminal cases - However, said criminal cases do not appear to fall within the net of violence or threat..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Non-recording of satisfaction itself makes such order suffering from incurable illegality and renders the proclamation and proceedings subsequent thereto a nullity...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward and has undertaken to appear before trial Court on each and every date of hearing, order declaring petitioner as proclaimed person and..........
