Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262 -- Dishonour of cheque - Trial - In the instant case, evidence recorded by predecessor Magistrate as in regular summons case and not for purpose of summary trial - Absence of specific order by Magistrate to try case as a regular summons case cannot vitiate the trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order of Court directing defendants to file written statement without deciding application U.O.7.R.11 CPC is contrary to scheme of Code and is a procedural irregularity - No application is necessary for Court to exercise jurisdiction and to conduct scrutiny to ascertain whether plaint discloses cause of..........
Civil Procedure Code, 1908, Section 151 -- Police help - Implementation of injunction order - Police help can be granted in deserving and appropriate cases u/s 151 of the Code - Filing of a suit for declaration and injunction by defendants, in the absence of any order therein, cannot be a ground for denying any relief in favour of plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission - Admission earlier made cannot be allowed to be withdrawn - Rejection of application - Order upheld...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - `Cause of action' - Consists of a bundle of facts which will be necessary for plaintiff to prove in order to get a relief from Court - However, because cause of action for two suits are different and distinct and evidence to support relief in two suits are also different then provision of O.2.R.2 CPC..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Mere writing of proclamation on the document will not fulfill the conditions of issuance of proclamation - In instant case, nothing is clear as to whether it is summon or bailable warrant etc. - Not mentioned in proclamation that accused are absconding or intentionally not appearing before Court or Court is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction - Relief of specific performance sought by way of amendment of plaint - Principles governing applicability of S.17 of Specific Relief Act and Art.54 of Limitation Act not considered by Court - Moreover, respondents failed to demonstrate the existence of prima facie case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 29, 68A, 68E, 68F, 68G, Criminal Procedure Code, 1973, Section 451, 482 -- Recovery of contraband - Forfeiture of property derived from or used in illicit traffic - Authority passing order under chapter V-A of NDPS Act - Court can refuse to release article in interim custody u/s 451 of Code - Power cannot..........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order granting bail - While considering the prayer for quashment of order granting bail, the principles governing consideration of a prayer for cancellation of bail u/s 439(2) Cr.P.C. have to be borne in mind...........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order granting bail - Sought on the ground that accused threatened certain persons with dire consequences and they made complaints to I.O. - No material produced before Court to substantiate this fact - Nothing in report of I.O. that accused will tamper with evidence or would flee from justice or will..........
