Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Notices were given by complainant to accused and Magistrate after considering whole evidence was of view that there was prima facie evidence to establish case u/s.138 of N.I. Act against accused and then he was summoned by Court..........
Civil Procedure Code, 1908, Section 148, 151, Order 34, Rule 7(2), Limitation Act, 1963, Section 30(a) -- Redemption of usufrcutary mortgage - Delay in depositing interest on decretal amount - Condonation of delay - Plaintiff completely failed to make out any ground - Deposit could be made upto the period when limitation to file suit would have expired - Order allowing..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Jurisdiction to order restitution is inherent in every Court - It will be exercised whenever justice demands and case strictly falls within ambit of S.144 CPC...........
Criminal Procedure Code, 1973, Section 156(3) -- For proceedings u/s 156(3) Cr.P.C., complaint must disclose relevant material ingredients of the alleged offence - If there is a flavour of civil nature, the same cannot be agitated in the form of criminal proceeding - If there is huge delay and then in order to avoid the period of limitation, it cannot be resorted to a..........
Criminal Procedure Code, 1973, Section 394 -- Abatement of Appeal - If appeal is preferred against order of conviction of trial Court and sentence is either composite sentence of imprisonment and fine or is merely sentence of fine, appeal would not abate on the death of appellant...........
Civil Procedure Code, 1908, Order 21, Rule 97, 103, Specific Relief Act, 1963, Section 6(3) -- Decree for possession - Execution proceedings - Order passed therein - Appeal thereagainst - Maintainability - Held, an appeal against a decree or order passed in execution of a decree in a suit u/s 6(1) will be barred by S.6(3) of the Act - Therefore, if an appeal is not..........
Civil Procedure Code, 1908, Order 22, Rule 4,9 -- Suit for specific performance - Abatement of - Sole defendant died during pendency of suit - Plaintiff/appellant filed application U.O.22.Rr.4 & 9 alongwith application u/s 5 of Limitation Act about four years later despite knowledge of death of deceased defendant - Contention that application for bringing LRs on record..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim order - Disobedience - Application U.O.39.R.2-A CPC lies only where disobedience/breach of an injunction granted or order complained is one which was granted by Court U.O.39.Rr.1 & 2 CPC which is to enure during the pendency of the suit - Once a suit is decreed, the interim order, if any, merges into the final..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim order - If the case is dismissed the interim order stands nullified automatically...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of 60 days or 90 days begins to run from the date of first order of remand not from the date of arrest...........
