Criminal Procedure Code, 1973, Section 190 -- Taking of cognizance - Meaning - Held, it means to take notice judicially - It means Magistrate's applying mind to offence alleged for purpose of proceeding in a particular way - It is a judicial function - Magistrate may accept the report as it is and take cognizance with regard to alleged offences or he may take cognizance..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Bank guarantee encashed even before receipt of notice by complainant when there is no material on record by which it can be inferred that complainant was not agreeable to extend bank guarantee - Encashment of bank guarantee is sufficient proof of intention..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401, 482 -- Dishonour of cheque - Conviction - Validity - Cheque in question was issued by petitioner and it was dishonoured on account of "insufficient funds" - Legal notice of demand was received from complainant and neither replied same nor made payment of cheque amount - Neither..........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302 -- Murder - Delay in sending report to Magistrate - Where FIR was actually recorded without delay and investigation started on basis of that FIR and there is no other infirmity brought to notice of Court then, however improper or objectionable delay in receipt of report by Magistrate concerned..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - Delay in lodging FIR - Young daughter of PW4 and PW9 had died allegedly by consuming poison - No other details were brought to their notice, they had other daughters present in the house and the dead body of deceased was cremated against their wish - After the cremation, FIR was..........
Civil Procedure Code, 1908, Section 100 -- U.P.Z.A.L.R. Act - Second appeal - Suit for possession of agricultural land - Limitation - Suit was filed on 02.06.1954 within three years from the date of termination of licence through notice dated 15.07.1951 - Held, it was within time...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 2, Rule 1 -- Agreement to sell - Suit for specific performance - Purchaser - Necessary party - Held, a purchaser is a necessary party as he would be affected if he had purchased with notice of the contract - But a person who claims adversely to the claim of a vendor is, however, not a necessary..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Advance notice - Service of - Held, if petitioner is required to be arrested in any criminal case, he would be given five days notice in advance to be served personally upon petitioner in order to enable him to avail legal remedy available to him as per law - Order accordingly...........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons - Proof - Held, once there is an endorsement of refusal by a party, the person who is serving the notice is required to point out that he has identified the person and the same person either by the party to the litigation or by punchas or neighbours in the area...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Service by publication in Newspaper cannot be said to be sufficient service in absence of recording of satisfaction by Court that defendant was intentionally evading service or that he could not be served in ordinary course - Even otherwise, in the instant case, petitioner is rustic illiterate villager,..........
