Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - High Court cancelled bail without any valid reason and without there being any material to show even prima facie that conduct of appellant post grant of bail has been such that he should be deprived of his liberty - There are also no allegations of influence being exerted or threat extended..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Petitioner is seeking one chance to join proceedings before trial Court by abiding to terms and conditions - Paramount consideration of Court is to secure presence of accused on each and every date for speeding up trial for its final conclusion - Order declaring petitioner as..........
Service -- Recruitment process - Where the appointing authority has not objected to qualifications of candidates and there is no apparent or glaring difference in qualifications, there is no reason for Courts to interfere and set-aside appointments made after due consideration - It is the appointing authority which has to take decision on whether candidate possesses what..........
Stamp Act, 1899, Article 46, 49 -- Release deed - Entered into among family members - Release of rights would only result in enlargement of intent held by co-owners or joint owners and admittedly no third party has joined said document - Release deed cannot be considered as `conveyance of sale' - Impugned notice demanding deficit stamp duty set aside...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Following principles emerge for permissibility of registration of second FIR: (i) When second FIR is counter-complaint or presents a rival version of a set of facts, in reference to which an earlier FIR already stands registered; (ii) When ambit of two FIRs is different even though they may arise from the same set..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3 -- Detention order - Accused detained on basis of 3 past NDPS cases against him - However, as per evidence on record, including the detention order and counter affidavits filed by zonal director of Narcotic Control Bureau, the Sponsoring authority considered 5 other cases apart..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Order to pay 20% of double amount of cheque amount - Complaint was instituted in 2013 while amendment to S.143-A of the Act was introduced in 2018 - Unless it is expressly provided, retrospective application of provision is not permissible - Order to deposit 20% of double amount of cheque amount..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Victim admitted her love relation with accused and she herself seems to have left house, as there is nothing to show that accused kidnapped her - There is long stay for months together, as victim has not returned home to her parents until custody of victim being handed over by father of accused - Mere..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 109 days in filing restoration petition - Plaintiff wilfully delaying the process - Conduct of plaintiff throughout proceedings indicates an indifferent attitude to proceed with the case and had intended to keep the litigation alive - Trial Court ought not to have allowed application for condonation of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte judgment was passed without fixing a date for ex parte hearing, as such taking away rights of defendant to show reasons for non-appearance as permitted U.O.9.R.7 CPC - Ex parte judgment set aside - Matter remitted back to trial Court...........
