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..........
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..........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Applicability of provision U.O.11.R.21(1) CPC - Proceeding cannot be initiated U.O.11.R.21(1) CPC in case of non-compliance of order passed U.O.11.R.14 CPC...........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Applicability of provision of O.11.R.21(1) CPC - Until and unless defendants were in a position to show that there was an order passed U.O.11.R.12 CPC and there was non-compliance thereof, provision of O.11.R.21(1) CPC could not have been invoked by defendants...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of bail - Violation of bail conditions can be a ground for cancellation of bail order...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of bail - Bail order can be cancelled if it was procured by misrepresentation or fraud...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Interim order which recognizes or confers possession and effectively decides main controversy amounts to virtually decreeing suit at an interlocutory stage, which is impermissible in law - Impugned order set aside - Parties directed to maintain status quo with respect to suit property...........
Insolvency and Bankruptcy Code, 2016, Section 60(5) -- Jurisdiction of NCLT - Attachment of property under Benami Transactions Act - Legality and validity of order of attachment under Benami Transactions Act cannot be challenged by NCLT invoking S.60(5) of the Act...........
Constitution of India, 1950, Article 226 -- Writ petition - Once High Court, upon application of mind, declines to entertain a writ petition in exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available but such remedy has not been pursued by petitioner, proceedings do not survive and must draw to an end..........
