Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of five cheques - Two complaints - Joint trial - Liability of accused in both the cases is different in nature as in one case cheques are stated to have been issued to discharge debt of financial assistance provided by an individual, whereas, in another case cheques..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the time of deciding application U.O.7.R.11 CPC, only averments made in the plaint and documents annexed with the plaint are required to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff asserted that when family settlement was not acted upon by defendant he filed suit for partition - Trial Court observed that this can be decided only after parties adduce evidence and dismissed the application - Order upheld...........
Criminal Procedure Code, 1973, Section 293 -- Report of Ballistic Officer - Report of a Ballistic Officer who is a Government scientific expert is although admissible u/s 293 Cr.P.C, but before placing reliance on such report, person facing trial has to be given full opportunity to challenge and rebut the report...........
Criminal Procedure Code, 1973, Section 293 -- Report of Ballistic Officer - Neither copy of report was supplied to accused nor contents of report were brought in evidence - Accused did not have opportunity to challenge report - Sessions Judge even omitted to put any question to accused in his examination u/s 313 Cr.P.C on basis of contents present in the report which were..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Right to use electric motor connection - Plaintiff purchased share in land alongwith share in electric motor connection from its previous owners - However, defendant claimed that previous owner had already relinquished their rights in said electric motor connection in her favour - As..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Indefinite adjournment in a matter relating to anticipatory bail that too after admitting it, is detrimental to valuable right of a person...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail application along with interim bail - When an application for anticipatory bail along with application for ad-interim relief was listed before Single Judge, Judge should have decided the application one way or the other, so far as ad interim prayer or should have taken up for consideration after giving some..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Contention that plaintiffs are not entitled to seek relief in second appeal on the ground that they have not challenged the judgment of trial Court before first appellate Court - Contention not sustainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of first appellate Court based on conjectures and surmises - Perverse approach of first Appellate Court in arriving at the findings gives rise to substantial question of law, thereby justifying High Court to interfere with the same...........
