Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant or any other person - Words `summon and examine any person giving evidence in affidavit' in 145(2) NI Act also includes power of Court to summon and re-examine such witness/person...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - New plea raising a pure question of law can be raised at any stage and a plea relating to jurisdiction of Court can also be raised at any stage - Therefore same can be raised at the stage of entertaining application u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 376 -- Rape - Compromise - Victim has recorded a compromise within sixteen days of lodging of an FIR and she states that her allegations were in a fit of anger - Such change of versions ought not to be encouraged by Court - Quashing of FIR for allegations of rape on the basis of compromise rejected...........
Indian Penal Code, 1860, Section 376 -- Rape - Complainant turning hostile - Courts to direct prosecution to initiate proceedings u/s 182 IPC where complainant turns hostile in Court or direct administration to initiate disciplinary action against police authority for submitting frivolous charge sheets in Courts...........
Agreement to sell -- Specific performance - Plaintiff proved that he was ready and willing to perform his part of contract and is even now ready and willing to do so - Contract had failed on account of defendant backing out - Relief of specific performance wrongly denied to plaintiff without giving any cogent and convincing reason by trial Court - Plaintiff is entitled to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trial Court while dismissing the application has given thoughtful consideration to rival contentions raised by parties as also facts of case and rightly exercised its discretion while deciding the application - Appeal against the same is dismissed - Both the orders do not suffer from any illegality..........
Civil Procedure Code, 1908, Section 152, 151 -- Correction/amendment of decree - Court is not empowered to correct/amend decree which is in accordance with findings recorded in judgment even if it is erroneous not falling within in its ambit...........
Criminal Procedure Code, 1973, Section 401(2), 156(3) -- Revision - High Court allowed revision with a direction to register FIR but proposed accused not served with notice of revision proceedings - Impugned order set aside - Matter remitted back to High Court for decision afresh in accordance with law...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - High Court while granting bail to accused neither considered the rigour of S.45 of the Act nor has considered seriousness of offences alleged against accused for scheduled offences under the Act - Investigation by Enforcement Directorate for scheduled offences under PML Act is still going on - Order granting..........
Criminal Procedure Code, 1973, Section 436A -- Bail - Under trial prisoner - An under trial prisoner cannot be detained for a period more than one-half of the maximum punishment period of imprisonment specified in the offence in which he has been taken into custody and upon expiry of the said period, he has to be released by court on personal bond with or without sureties...........
