Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Criminal - Dishonour of cheque - Compensation - There arises no question of ordering compensation in terms of Section 357(3) of the Code to the Government or State in a case under Section 138 of the Negotiable Instruments Act...........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 47 -- Order 21 ,R. 97 and 101 - Civil - Alternative remedy - Writ jurisdiction - In execution of decree for possession trial court ordering removal of obstruction - Judgment debtor disputed right, title and interest of decree holder in suit property - The application held to be under Order 21..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree - Exercise of the powers under Section 47 of the Code is microscopic and lies in a very narrow inspection hole - All questions arising between the parties have to be determined under Section 47 of the Code and not by filing a separate suit - Execution of a decree could be avoided when the decree is found to be..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree - Interest rate - Objection that rate of interest decreed by the court @ 18% p.a. is exorbitant and violates Section 34 of the Code repelled - Any interference with the decree would amount to going behind the decree which is impermissible in law - Such a course is prohibited by Section 47 of the Code...........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 498A, 406 -- Offence u/s 406 IPC - Husband and wife compromised the dispute - High Court can quash criminal proceedings or FIR - S.320 Cr.P.C. does not limit the power of High Court under Section 482 of he Code...........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time for payment - (i) Section 149 CPC has to be interpreted and given effect to in a liberal manner; (ii) the payment of deficit court fee is a matter between the State i.e. Revenue and the plaintiff; (iii) the effect of allowing an application under Section 149 CPC is as if the deficit court fee..........
Civil Procedure Code, 1908 -- (As amended by Act of 2002) - Order 8 ,R. 1, 1(a) and 10 - Written statement - Filing of - Within 30 days after receipt of summons - The court can extend the time till 90 days but it is not divested of power to fix further time for filing the written statement - Section 148 of the Code empowers the court to enlarge the time...........
Civil Procedure Code, 1908, Section 103,100 -- Second appeal - Section 103 of the Code authorises the High Court to determine any issue which is necessary for the disposal of the second appeal provided the evidence on record is sufficient - The two situations are (1) when that issue has not been determined both by the both courts below or by the lower appellate court or..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 18,22(g),31, Civil Procedure Code, 1908 -- Order 9 ,R. 13 - Civil - Pecuniary jurisdiction - Ex parte decree - Setting aside of - Ex parte decree passed by the civil court for more than Rs.10 lakhs in a suit filed before it by Bank in which claim was for less than 10 lakhs - Application for..........
Consumer Protection Act, 1986, Section 15, Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 340,195 -- Only averment made by the complainant/appellant before the District Forum was that affidavits of the officials of the OP being contrary to the factual position on record - No application moved by complainant seeking initiation of the inquiry under..........
