Bharatiya Nagarik Suraksha Sanhita, 2023, Section 302 -- Production warrant - When formal arrest of an accused is recorded pursuant to an order/production warrant issued u/s 302 BNSS, there is no requirement to inform him of grounds for his arrest separately - Order/warrant in Form No.37 itself is sufficient to comply with requirement - However, even in such cases,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 302 -- Bail - Accused was arrested on a warrant - Grounds for arrest were not communicated to relatives of applicant in accordance with law - Arrest stands vitiated and applicant is entitled to be released on bail - Bail granted with conditions...........
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 - 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..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Mere non-filing of FSL report along with police report does not render challan incomplete so as to confer an indefeasible right of default bail upon accused - FSL report being a piece of corroborative evidence can be filed..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Once a charge-sheet is filed within statutory period, accused cannot claim default bail merely because cognizance has not yet been taken or because certain documents are filed later...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Proposed rejoinder is intended only to specifically traverse and rebut new factual assertions introduced in written statement - Bar against raising a new case through subsequent pleadings is not attracted - Issues in suit are yet to be framed and both parties will have adequate opportunity to lead evidence -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appreciation of evidence - Recovery of weapons of assault is not sine qua non for convicting an accused as entire evidence on record is required to be taken into consideration...........
