Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Non-party to proceedings if he perceives to be in position of a person aggrieved and satisfies Court as such, can seek review of an order passed therein...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - When a mandatory condition precedent to issuance of process has not been fulfilled, continuation of criminal proceedings would amount to permitting prosecution founded upon an invalid exercise..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Provision of O.11.R.21 CPC confines its applicability within the four corners i.e., failure of a party to comply with any order to : (i) answer interrogatories; (ii) make discovery of documents; and (iii) permit inspection of documents - Only in such eventualities question of striking out defence in case of defendants or..........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Applicability of provision U.O.11.R.21(1) CPC - Proceeding cannot be initiated U.O.11.R.21(1) CPC in case of non-compliance of order passed U.O.11.R.14 CPC...........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Applicability of provision of O.11.R.21(1) CPC - Until and unless defendants were in a position to show that there was an order passed U.O.11.R.12 CPC and there was non-compliance thereof, provision of O.11.R.21(1) CPC could not have been invoked by defendants...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of bail - Violation of bail conditions can be a ground for cancellation of bail order...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of bail - Bail order can be cancelled if it was procured by misrepresentation or fraud...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Interim order which recognizes or confers possession and effectively decides main controversy amounts to virtually decreeing suit at an interlocutory stage, which is impermissible in law - Impugned order set aside - Parties directed to maintain status quo with respect to suit property...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of execution of sentence - Order to deposit 20% of compensation amount - Requirement to deposit compensation amount as a condition for appeal is generally mandatory as per S.148 of the Act, emphasizing its status as a rule...........
