Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - S.378(4) Cr.P.C. would apply not only to an original order of acquittal in a case of complaint but also to an order of acquittal passed by Sessions Court in appeal - Nothing in S.378(4) Cr.P.C. to limit its application only to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(5) -- Dishonour of cheque - Revision against acquittal - S.401(5) Cr.P.C. permits High Court on its satisfaction about interest of justice to treat the application of revision as petition of appeal and deal the same accordingly - Any appeal against an order of acquittal is permissible..........
Criminal Procedure Code, 1973, Section 372, 378(3), Indian Penal Code, 1860, Section 304B, 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Dowry death case - Appellant being father of victim/deceased has statutory right to prefer an appeal to High Court against order of acquittal u/s 372 Proviso Cr.P.C. but only after obtaining leave of High Court as required u/s..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 304B, 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Appeal against acquittal - High Court dealt with appeal in a very cursory and casual manner without adverting to legal contentions and evidence on record - Appeal dismissed by passing a cryptic order - High Court failed to exercise its..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 374 -- Murder - Appeal against conviction - High Court did not appraise the evidence adduced by prosecution witnesses in light of ground urged on behalf of appellant - Order of conviction set aside...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petitioner seeking succession certificate from Court being only legal heirs of deceased - No unequivocal, unambiguous admission on the part of respondent to that effect - Though respondent admitting his status to be that of a nominee and therefore cannot be better than a trustee to hold property till..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Complaint u/s 138 of N.I. act dismissed by trial court - Leave to appeal against order of acquittal passed by trial court lies before High Court u/s 378(4) of CrPC and not before Sessions Court...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC with permission of Court - Prayer for revocation of permission - Question as to whether Trust in question is a private Trust or charitable Trust - It is always open to defendant to take objection in this regard - Said issue should not be decided as preliminary issue, as nature of Trust can only be determined after..........
Criminal Procedure Code, 1973, Section 156(3) -- Public servant - Investigation - Private complaint - Magistrate cannot order investigation against a public servant while invoking powers u/s 156(3) Cr.P.C., without a valid sanction...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail and annulment of order of bail - Cancellation of bail can be on any kind of supervening circumstances or breach of any conditions imposed - Whereas annulment of order of bail is when Court granting bail has failed to take into consideration the relevant material factors which would make the order..........
