Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Complaint - Trial - At stage of serving notice u/s.251 Cr.P.C., except questioning him and recording his answer, till stage of listing case for final arguments, accused has not been given any opportunity to explain what defence he has to make for..........
Criminal Procedure Code, 1973, Section 482 -- Forfeiture of surety amount of Rs.2,00,000/- - Validity - Held, order passed by District Magistrate for forfeiture of surety amount is undoubtedly harsh on the face of it, particularly when there is no allegation about connivance of petitioner with convict - Impugned order not sustainable in law and modified to the extent that..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Order of summoning additional accused upheld by High Court - Challenged in Supreme Court - Till final decision on the petition further proceedings qua petitioner stayed - Trial to proceed with qua the other accused...........
Criminal Procedure Code, 1973, Section 30, 31, 427, 428, Indian Penal Code, 1860, Section 64 -- Default sentence for non payment of fine - Held, imposition of term of imprisonment in default of payment of fine is not a sentence - It is a penalty which a person incurs on account of no, payment of fine - If such default sentence is imposed, undoubtedly, an offender must..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant who is proceeded ex parte is entitled to take part in the suit at a latter stage - However, he cannot be relegated to the position he could have occupied if he had appeared unless he makes an application for setting aside the ex parte order...........
Civil Procedure Code, 1908, Order 11, Rule 14, 12, 21 -- Production of documents - Failure to produce - Adverse inference can be drawn - Defence cannot be struck out - Defence can be struck out only when order U.O.11.R.12 for discovery of documents is passed and order is not complied with...........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Struck out defence - Defence can be struck out U.O.11.R.21 CPC only when the party fails to comply with the order of Court to answer the interrogatories or for discovery or inspection of the documents...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 1 -- Return of plaint - Order is appealable U.O.43.R.1 and not U.O.41.R.1 CPC - Decree, even if wrongly drawn, cannot make it appealable U.O.41.R.1 CPC - Second appeal does not lie...........
Criminal Procedure Code, 1973, Section 319, 482 -- Additional accused - Summoning of - Quashing of order - Held, at the time of summoning accused u/s.319 Cr.P.C., Magistrate is not required to enter into detailed discussions on merits or demerits of the case - He is only to see whether there exists sufficient ground for proceeding against accused and process issued u/s.319..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - When ex parte decree is challenged then automatically the order proceeding ex parte would be deemed to have been challenged - There is no specific rule that at the time of challenging the ex parte decree, the order proceedings ex parte has also to be separately challenged...........
