Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agricultural land - Maintainability of suit before civil Court - Primarily relief prayed for in suit is cancellation of sale deed and declaration is a secondary relief - Plaintiffs have come up with a plea that they are recorded khatedars of land in question - They definitely did not require any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, 48, Constitution of India, 1950, Article 22, 21 -- Intimation of arrest - Requirement of informing person arrested of grounds of arrest is not a formality but a mandatory statutory and constitutional requirement - Non-compliance with Art.22(1) of Constitution will be a violation of fundamental right of accused..........
Practice and Procedure -- Liberty granted to move an appropriate application - Such liberty cannot be construed to permit to re-agitate the very same prayer under the same statutory provision which had already been considered and found inapplicable by High Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Non production of service report or track report - By itself not a ground to dismiss complaint at the threshold, particularly when complainant has asserted that notice was duly dispatched on correct address of accused - Question whether notice was actually served or not is essentially a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint on its face discloses ingredients constituting an offence u/s 138 of N.I Act - Even if plea of petitioner that cheque was issued as security or that liability stood discharged, is taken at face value, such pleas are matters..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 485 -- Surety bond - Petitioner was set at liberty by co-ordinate Bench imposing condition to furnish surety within 15 days from his release - Merely because it is offered on 15th day, does not mean that he would not be entitled to benefit of order of Co-ordinate Bench - Petitioner released from prison with all conditions..........
Constitution of India, 1950, Article 226 -- Writ petition - Claim of multiple reliefs in a single prayer - Writ petition cannot be dismissed on this ground - Even if multiple relief in a single prayer claimed and if at all High Court was of view that relief should have been claimed separately, liberty to that extent by way of a correction of prayer clause could have been..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Violation of decree of injunction - Executing Court passed the detention order without issuing notice or affording any opportunity of hearing to JD - Such an order which entails deprivation of personal liberty is in clear violation of principles of natural justice - Failure to follow..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 72 -- Bail - Non-bailable warrant of arrest (NBWA) - I.O. has not waited for scheduled time and NBWA issued against petitioner is an affront to personal liberty of petitioner - Same appears to have no legal sanction of law, as NBWA should be last resort in a criminal case when issuance of Bailable Warrant would not..........
