Criminal Procedure Code, 1973, Section 200 -- Issuance of process - Inquiry while issuing process is extremely limited only to ascertain truth or falsehood of allegations made in the complaint based on material on record - Defence of accused need not be gone into at this stage...........
Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 499, 500 -- Issuance of process - Defamation - Magistrate has passed detailed order recording prima facie satisfaction that allegations in the newspaper would fall within expression of defamation u/s 499 IPC - To determine whether imputations are sufficient to attract provisions of S.499 IPC, a..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Second application for rejection of plaint - Same plea was raised earlier - Principles of res judicata/constructive judicata are applicable in the subsequent stages of same proceedings during pendency of suit - Order dismissing application on ground of res judicata, upheld...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Dismissal of appeal in default - If counsel for appellant does not appear before Court on the date fixed for hearing, only option available to Court is to dismiss the appeal in default and Court cannot decide the same on merits...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal - Decided on merits - Mere fact that appeal has been decided on merits and not dismissed in default cannot be a ground to refuse restoration of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal - Decided on merits - Appellant could not appear due to inadvertence of his counsel - It is not that he had not appeared from last many occasions - Litigant cannot be penalized for any inaction or mistake on the part of counsel - Appeal restored...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for joint possession and declaration - Inheritance of father of plaintiff which he claims, were duly considered and repelled by recording sound and sufficient reasons consistent with record by two Courts below - No perversity and illegality in said findings of facts returned by Court below - Suit rightly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 239 -- Dishonour of cheque - Discharge - Case is tried as a summary trial - Procedure prescribed for summons case is applicable for summary trial - In case of summary trial or trial of summons cases, there is no provision for discharge of accused like S.239 and S.245 Cr.P.C - Application..........
Indian Penal Code, 1860, Section 364A, 307, 149 -- Offence u/ss 364A, 307, 149 - No evidence is available on the record to show the source of knowledge on the part of the informant or the details in respect of demand of ransom by the accused persons/appellants, as the alleged ransom letter is not proved - Even PW3, the victim, nowhere states in respect of any threatening..........
