Criminal Procedure Code, 1973, Section 262, 263, 264, 326(3), 482, Negotiable Instruments Act, 1881, Section 143 -- Offence of dishonour of cheque - Magistrate recorded evidence and transferred matter to another Magistrate - Complainant contended that case is summary criminal case and as such it was not open for transferee Magistrate to consider evidence recorded by..........
Civil Procedure Code, 1908, Section 31, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4 -- Witness - Summons to witness - A witness, whose affidavit in lieu of chief examination was filed, cannot be summoned through Court - Party securing the presence of a witness himself partly cannot seek the assistance of Court for the remaining part...........
Criminal Procedure Code, 1973, Section 71, 72, 73, 87, 89 -- Non bailable warrants - Power to issue the same - Held - (a) Issuance of non bailable warrants involves interference with personal liberty, hence to be issued sparingly; (b) Non bailable warrants to be issued to secure the presence of a person only when summons or bailable warrants unlikely to have desired..........
Criminal Procedure Code, 1973, Section 256 -- Death of complainant - Complaint filed u/ss 354, 323, 511 of IPC - Complainant died after issuance of summons - Husband of complainant sought substitution - Neither substitution petition was pressed nor Court granted permission to contest by disposing said application - Continuation of proceedings with substituted complainant -..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Original when in possession of a person not a party to the suit - For grant of permission to lead secondary evidence it is essential and necessary to secure the presence of that person by taking the summons from the Court and it is not sufficient to say that a notice was issued to the said person for production of..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - No sincere attempt made to effect service by ordinary course or by sending summons by registered post - Mere service by publication in newspaper is not sufficient service...........
Punjab State Election Commission Act, 1994, Section 76, 89, Civil Procedure Code, 1908, Order 5, Rule 17 -- Election to the post of Sarpanch - Notice sent to Panches by Presiding Officer - Two members refused to accept notice and thus assumed to be served - Meeting held and respondent elected Sarpanch - Held, refusal does not amount to service of notice - O.5.R.17 CPC..........
Punjab State Election Commission Act, 1994, Section 81, Civil Procedure Code, 1908, Order 5, Rule 17 -- Election of Sarpanch - Minority group elected Sarpanch on the basis of report of refusal of summons - Held, Civil Procedure Code provides procedure in case of refusal of service - Since procedure not adopted, order of election of Sarpanch set aside...........
Negotiable Instruments Act, 1881, Section 147, 138 -- Dishonour of cheque - Compounding of offence can be even at the appellate stage - Compounding of offence at a late stage is a strain on the judicial system - Free and easy compounding of offences at any stage gives an incentive to the drawer of the cheque to delay settling the cases for years - Guidelines for 'Graded..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Ejectment petition under Section 13-B - Summons served upon tenant - Tenant failed to file application within 15 days to contest petition - Ejectment ordered...........
