Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Conviction of firm and acquittal of Managing Partner - Appeal against acquittal - Conviction and sentence imposed on firm not challenged - Sentence of firm became final - Managing Partner cannot content that execution of cheque is not proved - Managing Partner also committed an offence -..........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Jurisdiction of Civil Court - Such issue is required to be decided first and thereafter application for temporary injunction be adjudicated...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Mere filing of appeal does not operate as stay of execution - Appellate Court can grant stay of execution for sufficient cause and that if stay is not granted party will suffer substantial loss - Stay can be granted when application is filed without unreasonable delay and security is..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Decree for declaration of title and recovery of possession - Dispossession during pendency of appeal of a party in possession is generally to be substantial loss to party applying for such stay - Application for stay of execution rightly allowed...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27, Criminal Procedure Code, 1973, Section 157 -- Non-compliance of S.157 Cr.P.C. - Murder - Eye witnesses correctly identified accused and also narrated motive, which would be a corroborative factor - Clothes worn by eye witnesses were seized and as per chemical examination report presence of human blood..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Eviction suit - Petitioners sought their impleadment in suit claiming themselves to be owner of suit property - However, petitioners have already instituted a suit for declaration of title - Question of title is not to be adjudicated in eviction suit, as eviction proceedings are summary in nature -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Mere apprehension of a litigant that he will not get justice from a Court, does not justify transfer of a case, as requirement of S.24 CPC will not be met in such a case - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 190, 204, Indian Penal Code, 1860, Section 500 -- Offence u/s 500 IPC - Order of summoning - Court while taking cognizance and passing order of summoning has not mentioned as to what are the materials against accused - Order passed in a mechanical way - Impugned order not passed in consonance with provisions of law and thus, set aside..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - High Court considered the matter at length and held that while interpreting terms of contract, no reasonable person could have arrived at a different conclusion and awards passed by arbitrator suffer from vice of irrationality and perversity - High Court thus, rightly set aside the arbitral..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(4) -- Dishonour of cheque - Dismissal of complaint - Since there was no sitting of Court for a long period and case was not taken up for hearing on particular date, complainant was not aware of direction given by Magistrate to take steps for issuing fresh summons to accused - Fit case..........
