Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Magistrate - Power to order further investigation after a police report has been forwarded u/s 173(2) Cr.P.C, would continue to enure in the Magistrate at all stages of criminal proceedings until a trial itself commences...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Complaint by company - Evidence of Power of attorney/PW1 - PW1 had given evidence as branch accountant of complainant company and not as Power of Attorney - Transaction was prior to appointment of PW1 in company - PW1 has no direct knowledge regarding transaction - When complainant limits the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney who filed the complaint needs to aver that he has knowledge of complete transaction...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Complaint by company - S.142 of the Act does not specify as to who should represent company, if company is complainant - A company can be represented by an employee or even by a known employee, who is duly authorized and empowered to represent the company either by resolution or by a power of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 5% of amount of compensation - Appellate Court has power to direct accused to deposit amount which shall be a minimum of 20% of fine or compensation as awarded by trial Court - No interference warranted in the..........
Recovery of money -- Police does not have power and authority to recover money or act as a civil Court for recovery of money...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction - Power of Tribunal/Magistrate - Tribunal/Magistrate has power to order eviction of transferee while considering application u/s 23(2) of the Act - However, power to order eviction by Tribunal can be resorted to only after notice to transferee and consideration of his claim if any...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Averments made in the application u/s 173(8) Cr.P.C reveal that victim protested against deletion of charges u/ss 376, 417, 420 IPC - Victim would have to submit a protest petition against charge sheet filed by I.O. in which accused was not put up for trial for said offences - Application seeking..........
Civil Procedure Code, 1908, Section 151, Order 3, Rule 2 -- Permission sought to lead evidence through husband and special power of attorney - Assessment of evidence cannot be done at the stage of consideration of application filed U.O.3.R.2 CPC - It is only after the evidence is led and witness is cross examined that Court has to assess whether the person, who has deposed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Plea of non receipt of notice u/s 138 of the Act - It would be for appellate Court to decide such plea on the basis of evidence available on record - There is no requirement for appellate Court to have exercised power u/s 391 Cr.P.C. for summoning the official..........
