Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Acquittal - Appeal against acquittal in a private complaint lies to High Court - Order passed in appeal by Additional Sessions Judge set aside as without jurisdiction...........
Civil Procedure Code, 1908, Section 35 -- Punjab Panchayati Raj Act, 1994 - Election to post of Sarpanch - Notice issued to convene meeting at 2 P.M. on 23.07.2008 for election of Sarpanch - However, meeting held at 12 P.M. and Sarpanch elected - Petitioners could not attend meeting - Material indicated that Govt. officials in connivance with certain panches, forged record..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Held, without any order on additional evidence petition and in absence of recording any finding as to whether document sought to be adduced as additional evidence can be permitted or not, passing the judgment in suit itself, no doubt amounts to illegality...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Parity - Question of parity does not arise where bail granted to co-accused is not supported by any reasons or order was passed in flagrant violation of settled principles or has not taken into consideration relevant materials...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both the parties claiming to be entitled to the property - Issue as to who is entitled and shares to which are entitled - To be decided after trial of case - In the mean time property needs to be protected - Order restraining defendant from transferring or from alienating the property in dispute..........
Civil Procedure Code, 1908, Section 64(2), Order 21, Rule 58, Registration Act, 1908, Section 47 -- Registration of sale deed after attachment but executed before attachment - No reliance can be placed on S.47 Registration Act which reads that registration relates back to date of execution of document in view of S.64(2) CPC which is very clear that registration of sale..........
Civil Procedure Code, 1908, Order 14, Rule 1, MP (Chattisgarh) Panchayat Raj Adhiniyam, 1994, Section 122 -- Challenge to election of petitioner as Sarpanch of Gram Panchayat and recounting of votes sought - Petitioner controverted material allegation made in the election petition - Tribunal heard arguments and passed order for recounting of votes - Order of Election..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner for local investigation - Legality of - Plaintiff sought for noting and measuring suit room - Measurement of the room in suit is not under challenge - Description of the premises in suit and so-called encroachment have been clearly stated in plaint - Held, no investigation is necessary at all -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Drugs and Cosmetics Act, 1940, Section 18(c), Criminal Procedure Code, 1973, Section 482 -- Drugs and Cosmetics Rules, 1945, Rules 65 and 66 - FIR lodged u/ss 22, 61 and 85 of the NDPS Act against accused - Accused chemist by business and was carrying sale of medicines with salt (Dextropropoxyphene ,..........
Criminal Procedure Code, 1973, Section 205(2) -- Cancellation of order granting exemption - S.205(2) does not require Magistrate to issue summons to accused after cancellation of order granting exemption...........
