Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Proviso - Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of Negotiable Instruments Act is entitled to maintain an appeal against acquittal even without seeking leave of Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Limitation - Judgment of trial Court delivered on 23.8.2024 - Appeal filed on 29.10.2024 is within time...........
Arbitration and Conciliation Act, 1996, Section 36, 37 -- Execution - Arbitral award - Executing Court cannot defer the consideration of execution application and objections thereto only because an appeal u/s 37 of the Act is pending and when there is no interim order operating against award against which objection u/s 34 of the Act stands rejected - Question of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court must examine the averments in plaint as they stand and determine whether suit is maintainable, without delving into merits of case or defence raised by defendant...........
Civil Procedure Code, 1908, Order 18, Rule 19, Civil Procedure Code, 1908, Order 26, Rule 1 -- Statement of witness - Appointment of Local Commission - Once Court is satisfied from medical record and age of witness that attendance in Court is not possible without risk to health, Court can direct evidence to be recorded through commission - Wrong mentioning of O.10 CPC in..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree for injunction restraining defendant from interfering with use and possession of plaintiffs - Application U.O.21.R.32 CPC is vague, as no details of interference in possession of plaintiffs were given - Executing Court allowed the application without properly appreciating the controversy -..........
Civil Procedure Code, 1908, Section 151 -- Restoration of suit dismissed as withdrawn - Suit was withdrawn with liberty to file afresh suit due to wrong advice of previous counsel as well as lack of legal knowledge of plaintiff - Plaintiff was not aware that she will have to deposit Court fee again if suit is to be filed afresh - Since counter claim filed by defendant in..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition filed u/s 12 of Hindu Marriage Act - Wife has been residing separately and depending upon mercy of her parents at Rajahmundry - She has instituted two criminal cases against husband in Rajahmundry and also filed a Domestic Violence Case and same are pending for adjudication and husband also attending the Court..........
Commercial Courts Act, 2015, Section 2(1)(c)(vii) -- Commercial dispute - No dispute regarding agreement relating to immovable property - There is no pleading to the effect that immovable property is being used exclusively in trade or commerce - Civil Court thus, has jurisdiction to decide the suit for declaration on basis of registered sale deed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 413 -- Appeal against acquittal - Appellate Court in criminal appeal against acquittal has to examine that whether finding of Court below is perverse and prima facie illegal - Once appellate Court comes to finding that grounds on which judgment is based is not perverse, scope of appeal against acquittal is limited..........
