Negotiable Instruments Act, 1881, Section 138, 145, 146, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Evidence on affidavit of complainant and bank's slip are sufficient for taking cognizance of the offence u/s 138 of NI Act - Nothing is required for inquiry or for directing investigation before taking cognizance...........
Civil Procedure Code, 1908, Section 146 -- Any proceedings which can be taken up by an aggrieved person can also be taken by his legal representative...........
Punjab Municipal Corporation Act, 1976, Section 93(c), 103(D), Punjab Municipal Corporation Act, 1976, Section 146, 147 -- Municipal Corporation levied house tax on properties of petitioner school - House tax revised, vide impugned order for assessment year 2007-08 - Petitioner school filed appeal against impugned order - Appellate Authority ordered pre-deposit of entire..........
Criminal Procedure Code, 1973, Section 107, Railway Act, 1989, Section 145, 146 -- Breach of peace or disturbance to public tranquility - Initiation of proceedings u/s.107 Cr.P.C. against petitioners - Issuance of show cause notice - Challenge as to - Complainant put obstruction in official work of petitioners while they were engaged in inspecting his office - Therefore,..........
Criminal Procedure Code, 1973, Section 145, 146, 379(2), 482 -- Ex parte attachment order - Recall order passed also ex parte which was subsequently recalled - Consequently attachment order revived - Such recall order is neither a preliminary order u/s 145 (1) of the Code nor an attachment order u/s 146 (1) of the Code - It is purely an order passed on the application..........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Attachment order - Plea that civil suit is pending and proceeding u/s 145 Cr.P.C. are liable to be dropped - Applicants on appearance in pursuance of preliminary order neither filed any written statement nor objections to the preliminary order - No application filed for dropping the proceedings - Applicants cannot be..........
Civil Procedure Code, 1908, Section 47, 146 -- Execution - Objections - It is not only the parties to the suit but their representatives also that can raise question with regard to executability, discharge or satisfaction of a decree...........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Cheque return memo and debit memo produced on record by original complainant does not bear stamp of any Bank - Held, as per S.146 of the Act, the said documentary evidence cannot be considered...........
Punjab Municipal Corporation Act, 1976, Section 146,149 -- Municipal Corporation assessed house tax and asked respondent to pay the same - Having felt aggrieved by demand, respondent filed injunctive suit, which was decreed - Appeal filed by Corporation dismissed by First Appellate Court - Judgments and decrees of Courts below set aside - Held, Civil Court will have no..........
Criminal Procedure Code, 1973, Section 146 -- Attachment of property - Necessary conditions are : (i) If the Magistrate considers the case to be one of emergency; (ii) if the Magistrate is of the opinion that none of the parties was in possession of the subject in dispute; and (iii) if the Magistrate is unable to decide which of the parties was in possession of the subject..........
