Civil Procedure Code, 1908, Section 25 -- Transfer of claim petition filed under Motor Vehicles Act - Language barrier for the witnesses to depose - No case set up for transfer - Transfer petition dismissed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Suppression of material fact that in an earlier anticipatory bail application High Court has given liberty to file regular bail application - Present anticipatory bail application dismissed as legally not maintainable which is moved with suppression of material facts...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - On parity basis - Parity is a relevant consideration while granting bail to persons accused of similar charges but principle of parity is not attracted for rejection of bail applications...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Dismissal of application of accused u/s 482 Cr.P.C would not be a bar against consideration of merits of his application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cheating - Mere non-payment of money paid under a contract cannot be a ground for initiation of criminal proceedings and it certainly cannot be a ground for rejection of application for grant of anticipatory bail...........
Consumer Protection Act, 1986, Section 23, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Second consumer complaint - Withdrawal of earlier complaint by Advocate of complainant on the pretext of the case being prolonged by Advocate of the Insurance Company, without having express instructions for withdrawal of complaint - However, for the fault of Advocate, complainant..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiff filed the suit only in respect of share due to his mother - Applicants already got their share in respect of suit properties - By impleading proposed parties, scope of suit cannot be expected beyond the purpose for which suit has been filed - Applicants are not necessary..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Paramount consideration in cases where bail or anticipatory bail is claimed are the nature and gravity of offence propensity or ability of accused to influence evidence during investigation or interfere with trial process by threatening or otherwise trying to influence the witnesses, likelihood of accused to flee..........
Criminal Procedure Code, 1973, Section 438, 439 -- Anticipatory bail - Investigation was completed and charge sheet was filed after granting of anticipatory bail to accused - Accused cooperated with investigation both before when no protection was granted to him till filing of charge sheet - Impugned order of High Court rejecting bail and directing accused to surrender and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Four cases - Sentence - When conviction arises out of single transaction, concurrent sentences are merited but not when there are several transactions over a period of time...........
