Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of default bail - Material placed on record discloses that a huge quantity of contraband i.e., 808.18 kilograms of Ganja was seized in the case - Offence alleged is one involving commercial quantity and therefore rigours of S.37 of the NDPS Act would also be attracted while considering question of..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 451, 427, 147 -- Sanction for prosecution - Offence u/ss 323, 451, 427, 147 IPC - Petitioner acted under directions of Commissioner and proceeded in a bona fide manner while taking action regarding removal of encroachment - In such circumstances, acts complained of cannot be said to be wholly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Service of accused not yet effected - Complaint restored...........
Fraud -- In the event of fraud being committed by any person threefold actions are provided for an aggrieved person i.e : (i) "an aggrieved person may file a complaint to prosecute persons under criminal Law; (ii) such person is entitled to approach civil Court for establishing his civil rights; and (iii) he can approach competent authorities for cancelling registered..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - When a mandatory condition precedent to issuance of process has not been fulfilled, continuation of criminal proceedings would amount to permitting prosecution founded upon an invalid exercise..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Non production of service report or track report - By itself not a ground to dismiss complaint at the threshold, particularly when complainant has asserted that notice was duly dispatched on correct address of accused - Question whether notice was actually served or not is essentially a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Dispatched within the same city - Presumed to be served within three days - 15 days time begins to run from the date of presumed service - Complaint filed after expiry of statutory waiting period calculated from presumed date of service - Complaint cannot be said to be premature...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Provision of O.11.R.21 CPC confines its applicability within the four corners i.e., failure of a party to comply with any order to : (i) answer interrogatories; (ii) make discovery of documents; and (iii) permit inspection of documents - Only in such eventualities question of striking out defence in case of defendants or..........
