Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Notice to complainant - Matters of issue of bailable warrant and representation of accused is between accused and Court - Complainant need not be heard - Moreover, in order to avoid delay in disposal of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Magistrate neither received or called for any report from police regarding non-execution of bailable warrant, nor he was satisfied that accused was avoiding Court's proceedings intentionally - Non-bailable..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appellate Court should not re-appreciate the evidence at the stage of S.389 Cr.P.C and try to pick up few lacunas or loopholes here or there in the case of prosecution...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Murder case - High Court while suspending sentence of accused has gone into issues like political rivalry, delay in lodging FIR, some over writings in FIR etc. - All these aspects will have to be looked into at the time of final hearing of appeals filed by accused - Order of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - While considering application U.O.7.R.11 CPC only averments in plaint are to be seen - From the averments of plaint, Court is not satisfied that suit seeking cancellation of sale deed is hit by law of limitation - Application rightly dismissed...........
Limitation Act, 1963, Section 3 -- Limitation - It is bounden duty of Court to examine as to whether suit is within limitation or not even if no such objection is raised by defendant...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed and permanent injunction - Concurrent findings of facts recorded by two Court below that suit is hit by limitation being not filed for a period of more than 3 years from the date of knowledge of sale deed in question - Mutation of subject land was also recorded way back in the..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right to be released on default bail continues to remain enforceable if accused has applied for such bail, notwithstanding pendency of bail application or subsequent filing of charge sheet or a report seeking extension of time by prosecution before Court...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Inordinate delay in placing the order of sanction before Court - May entitle accused for grant of regular bail but not a ground to pray for statutory/default bail u/s 167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2), National Investigation Agency Act, 2008, Section 16 -- Default bail - Error on part of investigating agency in filing charge sheet first before Court of Magistrate instead of Special Court as notified u/s 22 of NIA Act and thereafter committing case to Court of Sessions, has nothing to do with right of accused to seek default..........
