Criminal Procedure Code, 1973, Section 340, 341 -- Application u/s 340 Cr.P.C - Dismissal of application filed in civil Court - Appeal challenging said order was rightly entertained as Civil Miscellaneous Appeal and thus governed by provisions of CPC - Failure of legal representatives of deceased appellant to get themselves impleaded in appeal resulted in its abatement...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - It is statement of complainant which has rebutted presumption regarding cheque that it was issued towards discharge of legal liability - Even, during cross-examination complainant admitted that he is not aware about business of accused for which alleged loan was advanced -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - From the record its appears that there are no particulars regarding existing liability as to how much money has been given and when it was given - There is nothing on record as to in whose presence and at which place loan..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Leave to appeal against acquittal - Complainant in his cross examination stated that he does not know as to for what purpose accused has taken money from him - Even, complainant has not shown loan paid by him to accused in his income tax..........
Service Law -- Reversion - On grounds of fraud and suppression of fact that appellant does not possess requisite qualification - Appellant appointed as Bill Clerk after verification of his qualification and through process of competitive examination followed by an interview - In show cause notice, appellant had explained that at the time he appeared in matriculation..........
Patents Act, 1970, Section 3(j), 64, 48 -- Suit for injunction - Infringement of registered patent - Counter claim of defendants was never considered by single judge as admittedly issues were complicated and required expert evidence to be considered in full fledged trial - Thus, in the absence of any argument before single judge, Division Bench in appeal cannot examine..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of possession is a disputed question of fact which cannot be disturbed while exercising power u/s 100 CPC, until and unless findings given by Courts below are perverse...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Plea that cheque got dishonoured on 14.02.2000 and notice was issued on 11.03.2000 therefore notice was time barred - Plea held, not tenable as dishonour of cheque was communicated to accused on 26.02.2000 and as such notice was within time - Accused convicted...........
Constitution of India, 1950, Article 227 -- Writ petition - Maintainability - Order allowing application u/s 311 Cr.P.C - Appeal against such interlocutory order is barred u/s 21 of National Investigating Agency - Writ petition u/art 227 of Constitution against such order is maintainable...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff failed to prove his readiness and willingness to perform his part of the contract - Lower Courts on appreciation of evidence recorded finding against plaintiff - No material perversity or illegality in said finding pointed out by plaintiff - Court is not inclined to reappreciate entire..........
