Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Dishonour of cheque - Appeal against conviction - In an appeal preferred by accused person sentence cannot be enhanced...........
Civil Procedure Code, 1908, Section 107 -- Appellate Court has limited powers to interfere with exercise of discretion by trial Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 406, Supreme Court Rules, 2013, Order 39, Rule 1 -- Transfer of case filed u/s 12 of Act of 2005 - Transfer of proceedings at this stage may ultimately affect the parties and their pending litigations - Transfer petitions being bereft of merit, dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration and injunction - There is contradiction in maps mentioned in sale deed and map annexed with application - Defendant failed to prove that sale deed is null and void - In sale deed there is clear cut demarcation of suit land - Findings of Subordinate Courts neither..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Accused is voluntarily ready to pay amount of Rs.3.30 lakhs to complainant - Sentence of accused suspended till final disposal of revision...........
Civil Procedure Code, 1908, Order 39, Rule 1, 4 -- Temporary injunction - Restraining respondents from execution of decree of declaration passed in another suit - Plaintiffs in present suit filed partition suit - They claim their right through purchaser cannot be allowed to obstruct execution of decree passed in another suit and should wait for a decree for partition to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, Dishonour of cheque -- Dismissal of complaint in default - Complaint cannot be dismissed u/s 256 Cr.P.C for absence of complainant if the matter is for return of summons, as presence of complainant was not required for that day - Complaint restored...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree proceedings can be initiated at any point of time - There is no limitation for initiating final decree proceedings...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Once a preliminary decree is passed by trial Court, Court should proceed with the case for drawing up final decree suo motu - There is no need to file a separate final decree proceedings - In the same suit, Court should allow concerned party to file an appropriate application for drawing..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree merely declares rights and shares of parties and leaves room for some further inquiry to be held and conducted pursuant to directions made in preliminary decree and after the inquiry having been conducted and rights of parties being finally determined, a final decree incorporating such..........
