Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Summoning of loan file - Sought to be summoned after completion of evidence of complainant - Accused not replied to demand notice or he did not file any such application at the time of taking cognizance or reading over the statement of charges - Trial Court as..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 27(a), 29 -- Anticipatory bail - Offence u/ss 25, 27(a), 29 NDPS Act - Admittedly, petitioner presently is a sitting MLA - Assembly election has been declared in State of Punjab, one week may be afforded to petitioner to avail his remedy and in meanwhile, he be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Common passage - Came into existence on basis of an agreement between parties - Both the sides therefore, not entitled to change the size or nature of passage - Trial court directed to record evidence and decide suit and till then passage shall be kept free from all obstructions...........
Indian Penal Code, 1860, Section 376, 376A, 376AB, 377, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Forensic report in respect of DNA match between incriminating articles recovered from scene of crime as well as at the instance of accused and blood sample of accused, not put to accused u/s 313 Cr.P.C..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 494, 495 -- Quashing of complaint - Offence u/ss 494, 495 IPC - No contentious material or disputed issues of evidence arise in the case - As between accused and complainant the issues as to whether she had a subsisting marriage on the date on which she entered into a marriage with complainant is..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Court cannot be used as a tool for collecting evidences, especially when plaintiff has failed to bring on record any title document as to how property in question was ancestral - Plaintiff cannot be allowed to fulfill the deficiency of his case by appointment of Commissioner so..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323 -- Quashing of order - Order to state substance of accusation u/s 323 IPC to accused - Offence u/s 323 IPC is not a warrant case - There was no need to frame formal charge against accused - As per provisions of S.251 Cr.P.C, only substance of accusation is to be stated to accused - Trial Court..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Statement of sanctioning authority has been recorded as PW99 - Matter is pending trial - Court feels to abstain from making any comment as legality shall be adjudicated by trial Court after final arguments are heard - Since there are no legal grounds to interfere in the course of trial, petition..........
Agreement to sell -- Specific performance - The foundation of a suit for specific performance lies in ascertaining whether plaintiff has come to Court with clean hands and has through his conduct, demonstrated that he has always been willing to perform the contract...........
Agreement to sell -- Specific performance - Readiness and willingness - No issue on readiness and willingness was framed by trial Court - Instead trial Court assessed whether plaintiff is entitled to relief of specific performance - Trial Court merely adverted to `document produced on behalf of plaintiff' and concluded that he had sufficient means to purchase the suit..........
