Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Except for one or two occasions, no absence of complainant was recorded - Complainant was out of India and said fact was not brought to notice of trial Court - Due opportunity is required to be given to parties to adduce..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced in evidence are relevant and crucial to decision of case - First appellate Court has erred in refusing to permit petitioner to produce and prove the same - Even if documents were in the knowledge of petitioners same could be allowed subject to payment..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - Contraband recovered was well in excess of commercial quantity - Accused has criminal antecedents and he was already arraigned in two previous cases under NDPS Act - High Court while granting bail to..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - Non-filing of certified copy of order/judgment appealed against alongwith memorandum of appeal - Mere delay in enclosing a certified copy of order/judgment appealed against alongwith memorandum of appeal should not have come in the way of appellant's appeal for being considered on merits by appellate Court -..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Deleted accused - Magistrate can take cognizance against deleted accused, if it finds some material against deleted accused before committing case u/s 190 Cr.P.C - Order of Sessions Court to add the array of deleted accused has to wait till the case reaches the stage of S.319 Cr.P.C is unsustainable...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 22(b) -- Contraband - Default bail - On the date of petition for default bail neither charge sheet filed nor order for extension of time to complete investigation granted - Default bail granted...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Magistrate - Power to order further investigation after a police report has been forwarded u/s 173(2) Cr.P.C, would continue to enure in the Magistrate at all stages of criminal proceedings until a trial itself commences...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 5% of amount of compensation - Appellate Court has power to direct accused to deposit amount which shall be a minimum of 20% of fine or compensation as awarded by trial Court - No interference warranted in the..........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Money decree - Attachment of salary - High Court stayed the order of Executing Court subject to payment of Rs.2.50 lakhs which was deposited by the petitioner - Petitioner allowed to pay the remaining decretal amount in two instalments - In the event of any default in these payments, order of attachment would..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prosecutrix levelled specific allegations against additional accused summoned while recording her statement u/s 164 Cr.P.C during course of investigation - Order of summoning of additional accused is proper...........
