Criminal Procedure Code, 1973, Section 41 -- Arrest - Where arrest is not required to be made u/s 41(1) Cr.P.C, police is bound to issue a notice of appearance to accused - Even in such a case failure to comply with notice of appearance or unwillingness to identify himself may be grounds for police to arrest a person to whom a notice u/s 41-A Cr.P.C has been issued...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Notice is to be issued to other party on delay condonation application and after deciding the same, matter shall be heard on merits...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appeal has been filed after an inordinate delay of 26 years - Admittedly, no notice was issued and appeal was admitted on first day of hearing without issuance of notice to petitioner - Appellate authority has not only ignored the provisions envisaged under the Act but also overlooked..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Once the demand notice is admitted in evidence without objection, it is not necessary to prove its contents...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Service of summons - Service upon defendant was sufficient but mandatory provision of O.5.R.17 CPC not followed - On refusal to take summons by person on whom services to be effected, process server is required to affix notice on conspicuous place of house that too in presence of independent..........
Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(I), 5(n), 6 -- Rape - Prosecutrix categorically stated in her statement that she has two children and they are being taken care of by accused and she is leading a happy married life with accused - Therefore, taking in view of subsequent events that have been brought to notice of Court, conviction..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Receiver appointed to maintain income and expenditure of land owned and possessed by plaintiff Trust - In absence of any powers of management of suit land/properties of plaintiff Trust being conferred upon him, receiver was not competent to lease out land by way of public notice - Application filed..........
Agreement to sell -- Specific performance - Pre-suit notice - Law does not expect that in every case, there should be a pre-suit notice before a suit is filed - It will depend upon facts and circumstances of each case...........
Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal - Appeal against order of NCLT shall be preferred within a period of 30 days from the date on which the order was passed by NCLT - However, Appellate Tribunal has the power to extend period of limitation by another 15 days - Appellate Tribunal thus, committed an error in issuing notice in an appeal with delay of..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Application u/s 11(6) of the Act filed after 32 years from the date of completion of work - Appellant who served legal notice invoking arbitration clause and requesting for appointment of an arbitrator after a period of approximately 32 years - Appellant cannot contended that his..........
