Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(2) -- Dishonour of cheque - Company - Conviction of company and A2 - Company sentenced to pay fine of Rs.25, 000/- - A2 was sentenced to suffer imprisonment for one month - A2 also directed to pay compensation of Rs.15 lacs to the complainant - Appeal against - Appellate Court while..........
Criminal Procedure Code, 1973, Section 357(2) -- Doctrine of Purposive Interpretation - Stay of order of compensation during appeal - Sub-S.(2) of S.357 was enacted for a definite purpose - It must be given its full effect - The amount of compensation not only must be reasonable one, the conditions for suspending the sentence should also be reasonable - It is only with..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 200, 190 -- Dishonour of cheque - Summoning order - Recall of order - Magistrate has no jurisdiction to recall the summoning order - A Magistrate does not have and, thus, cannot exercise any inherent jurisdiction...........
Criminal Procedure Code, 1973, Section 156(3), 200 -- Rape - Direction for investigation - Legality of - On filing of complaint, an application u/s 156(3) of Cr.P.C. and another application for sending victim for medical examination were also filed alongwith petition - Magistrate directed police to get victim medically examined and file medical report alongwith police..........
Civil Procedure Code, 1908, Order 38, Rule 1 -- Arrest before judgment - Third party security - Defendant denied that he was trying to sell his properties - Also gave undertaking that he will not leave local limits of Court - In such case, order passed directing defendant to furnish third party security, improper...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 153A, 153B, 295A, 34 -- Anticipatory bail - Petitioners have asked for blanket order of anticipatory bail by filing this petition inasmuch as their prayer is to grant them relief of bail in all the future cases to be registered against them anywhere in State of Karnataka for aforesaid offences -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Time barred claim - Plea set up by defendant in his written statement in the year 1987 - Amendment of plaint sought to be amended on that plea in the year 2004 - No reasons assigned in application as to why steps not taken for a long time to get the plaint amended - There is complacent negligence on the..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Duty of appellate court - Held, order of acquittal should not be interfered with because presumption of innocence of accused is further strengthened by acquittal - If two views are possible on evidence adduced in the case, one pointing to the guilt of accused and other to his innocence, the view which..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit - Dismissal of application - Order is appealable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Order of restitution of conjugal rights in favour of husband - Maintenance claim of wife cannot be rejected on this sole ground...........
