Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Application by accused u/s 145(2) of the Act was dismissed - Legislature by using word `shall' in S.145(2) of the Act has casted a mandatory duty upon Court to call witnesses for examination/cross-examination on application of prosecution or accused - Thus, Magistrate failed to consider that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jail sentence is not mandatory in an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Payee and holder in due course of the cheque is not complainant - Primary mandatory requirement of S.138 of the Act not fulfilled by complainant - Therefore, initiation of complaint itself is not in accordance with law - Accused rightly acquitted...........
Criminal Procedure Code, 1973, Section 164, Protection of Children from Sexual Offences Act, 2012, Section 26 -- Statement of prosecutrix (minor) u/s 164 Cr.P.C - Not recorded as per procedure laid down u/s 26 of POCSO Act - Provisions of POCSO Act are mandatory in nature - Magistrate directed to proceed immediately for recording statement of prosecutrix as per procedure..........
Protection of Children from Sexual Offences Act, 2012, Section 26 -- Statement of victim - Provision of S.26 of the Act is mandatory - Direction issued that when a case relating to POCSO Act comes up before any Magistrate, they are bound to follow provisions of S.26 of POCSO Act while recording statements u/s 164 Cr.P.C at first instance...........
Tender -- Blacklisting - Show cause notice - Validity - Mere existence of a clause in Bid Document, which mentions blacklisting as a bar against eligibility, cannot satisfy mandatory requirement of a clear mention of proposed action in show cause notice...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and prohibitory injunction - Relief of mandatory injunction sought by way of amendment of plaint - Though averments in plaint are incomplete to seek a relief of mandatory injunction, it cannot be found that by proposed amendment, plaintiff seeks to introduce a totally new and..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Registration of FIR is mandatory, if information discloses commission of cognizable offence - It is not matter of discretion - Police has no option to register or not to register FIR...........
Natural justice -- Where procedural and/or substantive provisions of law embody principles of natural justice, their infraction per se does not lead to invalidity of orders passed - Prejudice must be caused to litigant, except in case of a mandatory provision of law which is conceived not only in individual interest but also in public interest...........
