Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Conviction u/s 138 of the Act - Compounding of offence - Accused compromised the matter with complainant - Memorandum of compromise filed before High Court, but no relief was granted to accused - As matter has been compromised between parties, order of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406 -- Dishonour of cheque - Complaint dismissed for no, prosecution - Case called several times but none appeared - As nobody should be condemned unheard, order of dismissal set aside - Complaint restored to its original number - Direction issued...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58 -- Execution - Attachment of property - Objections by third party claiming right, title and interest in attached property - Prima facie appears to have no link with JDs - Opportunity not granted to parties to produce material evidence in support of their respective pleas - Impugned order dismissing objection..........
Indian Penal Code, 1860, Section 302, 364, 376, 511, 201, 120B, Constitution of India, 1950, Article 72 -- Offence u/ss 302, 364, 376, 511, 201, 120-B - Death sentence - Rejection of mercy petition - Delay of 3 years and 3 months in rejection of mercy petition - No delay or dilatory tactics on part of convict - Execution of death sentence would be unconstitutional as it..........
Criminal Procedure Code, 1973, Section 413, 414 -- Death sentence - Following procedural safeguards must be observed while executing death sentence: (i) principles of natural justice must be read into the provisions of Ss.413, 414 Cr.P.C. and sufficient notice ought to be given to convict before issuance of a warrant of death by Sessions Court that would enable the convict..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Setting aside - Fraud - Court has inherent power to recall and set aside order obtained by fraud practiced upon Court or when Court is mislead by party even though applicant is not a party to suit...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint through power of attorney holder - (i) Filing of complaint u/s 138 of N.I Act through power of attorney is perfectly legal and competent; (ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint - However, the power..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint - Acquittal of accused on the ground that complainant failed to take steps to secure presence of accused - Warrant of arrest issued - Warrants not executed by police - Complainant cannot be held responsible for failure of police to arrest accused - Impugned order is patently..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise - Parties entered into compromise before Supreme Court and requesting to grant decree of divorce u/s 13-B of Act - Court declined to accept such request but allowed the parties to take recourse by filing petition for divorce by mutual consent u/s 13-B of Act - As parties are not residing..........
Coal Mines (Special Provisions) Second Ordinance, 2014, Section 4 -- Allocation of coal blocks - Cancellation of - Order of allocation of coal block by way of public auction - Respondent seeking compensation for end user plant falling within coal block area - Interest of justice demands that impugned order be set aside - Appeal allowed...........
