Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Issue as to whether agreement between parties was executable or not would be an issue to be decided during trial - Trial Court has discretion to grant such relief or not to grant as per stipulation u/s 20 of Specific Relief Act - Plaint not liable to be rejected...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - Appellant has been acquitted in proceedings u/s 138 of N.I. Act - Money subject matter of dispute stands paid - All criminal proceedings, inclusive of FIR u/s 174-A IPC, shall stand closed - Appellant's status,..........
Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 21(4) -- Bail - When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, power to grant bail should necessarily be subject to satisfaction of conditions mentioned..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - `Prima facie case' means that there is a serious disputed question to be tried in the suit and that an act, on the facts before the Court, there is probability of plaintiffs being entitled to the relief asked for...........
Criminal Procedure Code, 1973, Section 482, Punjab Land Preservation Act, 1990, Section 4 -- Quashing of complaint - Offence u/s 4 of 1990 Act - Offence by Company - Managing Director, General Manager and Senior Manager - Company has not been arrayed as an accused in the complaint - No allegations worth the name in the complaint that appellants are directly responsible for..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company will be the complainant and for the purposes of Section 200 of the Cr.P.C., its employee who represents the company, will be the de facto complainant while the company will remain the de jure complainant, regardless of any change in the de facto complainant - A perusal of the complaint..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - There is no need to file a separate application for condonation of delay - Hyper technical view that there is violation of mandatory provision of law cannot be taken - Taking such a view would effectively mean ignoring the purpose of..........
Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Settlement before DRT - Quashing of proceedings - Consent terms were submitted by parties before DRT - Bank had suffered losses to the tune of Rs 6.13 Crores approximately - Hence, a substantial injury was..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Reduction of sentence - Petitioner is 48 years old doing a small business and has old aged ailing parents - He is sole bread earning member of his family and has three sons and a wife who are all dependent on him - Petitioner has no criminal antecedent - However, considering the fact that rash and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b), Criminal Procedure Code, 1973, Section 227 -- Contraband - Discharge - Appellant arraigned as accused based on the confessional statement of co-accused - However, in the absence of any other material on record to connect the appellant with the crime, confessional statement of co-accused by itself cannot..........
