Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted and sentenced to pay fine of Rs.20, 000/- - Complainant did not file civil suit for recovery of amount - Held, out of Rs.20, 000/- a sum of Rs.15, 000/- to be paid to complainant as compensation under Section 357 Cr.P.C. (Criminal Procedure Code, 1973, S.357)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of five cheque - One notice issued in respect of all the five cheques and one complaint filed - In terms of the provision under Section 219(1) of the Code of Criminal Procedure if a person is accused of more offences than one of the same kind committed within the space of 12 months from the first to the last of..........
Criminal Procedure Code, 1973, Section 439 -- Penal Code, 1860, Section 177/197/198/465/466/467/468/471/477A/120B and 13D of PC Act, 1988 - Petitioner, a Tehsildar - Not at all responsible for preparing and maintenance of `chhant' register and assessment register which are prepared and maintained by Patwari and Kanungo - Petitioner in detention for about one and half..........
Civil Procedure Code, 1908, Section 51(e), Order 21, Rule 30 - - Arrest of judgment - debtor without complying with First Proviso to sub - clause (e) of Section 51 - Cannot be ordered - Show cause notice not issued to judgment - debtor before ordering issue of warrants of arrest relying on provisions of Order 21 Rule 30 - Order set aside...........
Civil Procedure Code, 1908, Order 21 -- Decree passed in terms of compromise - Terms and conditions of settlement-cum-decree violated - Execution as well as contempt proceedings - Maintainable - Not correct that law does not permit continuation of both proceedings and must elect either proceeding - Contempt proceedings and execution proceedings - Two independent..........
Criminal Procedure Code, 1973, Section 389 -- Penal Code, 1860, Section 304B/34 - Appeal against conviction - Suspension of sentence - Petitioner already gone imprisonment for more than 3 years and 7 months of the sentence of 10 years - Appeal not likely to be heard in near future - Sentence awarded and fine imposed suspended during the pendency of the appeal...........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 323, 325, 355, 417, 149 -- Discharge - Complaint against police officials - Respondents discharged by Magistrate by recording findings that there was no evidence against the accused warranting the frame of charge against them - Held that the complainant was pitted against the might of the police -..........
Civil Procedure Code, 1908, Section 47, 34, Order 34, Rule 11 -- Execution of decree for recovery of Bank loan - Objection that loan raised for purchase of tractor, a loan for agricultural purpose, Court could not grant interest at the rate of 12.5% per annum and in view of Section 34 interest could be granted only at the rate of 6% per annum from date of decree - Not..........
Criminal Procedure Code, 1973, Section 468, 473, 482 -- Penal Code, 1860, Section 498A/34 - Limitation - Quashing of FIR - Petition for - Bar of Section 468 of the Cr.P.C. pleaded - Case of matrimonial offence - It is in the interest of justice to take cognizance of the offence ignoring the bar of limitation as provided under Section 468 Cr.P.C. - Challan submitted in the..........
Criminal Procedure Code, 1973, Section 154, Punjab Police Rules, 1934, Rule 24.1 -- Registration of FIR - Petition for - Information about congnizable offence received by respondent No.3 in the form of complaint - Respondent No.3 was duty bound to record it as First Information Report under Section 154 of the Code - Respondent No.3 proceeded to hold an enquiry into the..........
