Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granting 10 days time by Session Judge to accused to surrender before Magistrate while dismissing his application of anticipatory bail - Not sustainable, as such order virtually prevented I.O. from arresting accused during aforesaid period despite dismissal of application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 18, 20, 22, Family Courts Act, 1984, Section 19(4) -- Dismissal of petition filed u/s 125 Cr.P.C. and Ss.18, 20, 22 of PWDV Act in Family Court - Appeal - Relief sought under PWDV Act is adjunct to relief sought u/s 125 Cr.P.C - Since an appeal against an order passed..........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59 -- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 397, 401 -- Dishonour of cheque - Conviction - Dismissal of application for additional evidence at appellate stage - Revision thereagainst also dismissed - Appellate Court was required to dispose of appeal on merits and could not have remanded the case to the trial Court - Impugned..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 1825 days in filing appeal against ex parte decree - Defendant already exhausted remedy U.O.9.R.13 CPC - Appeal against ex parte decree filed after 5 years from dismissal of application U.O.9.R.13 CPC - Defendant can file an application U.O.9.R.13 CPC and a regular..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Case was fixed for defence evidence - Complainant was duly represented by counsel, but his counsel has also failed to put in appearance for which complainant may not be held liable directly - Rather, absence of complainant,..........
Criminal Procedure Code, 1973, Section 256, 246 -- Dismissal of complaint at the stage of S.246 Cr.P.C - Absence of complainant - Appeal against dismissal of complaint is pending from last 30 years - Complainant did not take any interest in proceeding of case and adopted lethargic attitude towards case - Nothing on record which may spell on fact that witnesses were being..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default at the stage when it was fixed for addressing arguments - Complainant was duly represented by his counsel - Magistrate was not justified in dismissing complaint in default for single absence of complainant, particularly on a..........
Criminal Procedure Code, 1973, Section 397(3) -- Successive revision petition - Maintainability - Where revision petition was dismissed as withdrawn on account of dismissal of main complaint, order passed wherein was basis of filing first revision petition cannot be treated as a bar to prefer successive revision petition after revival of original complaint...........
Criminal Procedure Code, 1973, Section 256(1), 401, 378 -- Non-appearance of complainant - Order of acquittal - Revision - Maintainability - If a complaint is dismissed prior to summoning of an accused, order may be challenged by way of filing a revision - But once S.256 Cr.P.C. comes into play dismissal of complaint has effect of acquittal of an accused and only an appeal..........
