Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and order declaring accused as proclaimed offender - Petition u/s 482 Cr.P.C. by an accused who is declared proclaimed offender is not maintainable - Accused should first move the Court who had declared him a proclaimed offender and even..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Order passed u/s 19 of the Act - Non-consideration of domestic incident report - No such objection regarding non-consideration of domestic incident report was raised before trial Court - Therefore, it is not open for applicant to raise it for first time before High Court in proceedings u/s 482 Cr.P.C,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 307, 337, 326, 379, 504, 147, 148, 149, Arms Act, 1959, Section 27 -- Anticipatory bail - Offence u/ss 323, 341, 307, 337, 326, 379, 504, 147, 148, 149 IPC and S.27 of Arms Act - No proclamation and declaration with regard to petitioner u/s 82(4) Cr.P.C that he is an absconder -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Non-deposit of 20% of compensation amount - Order revoking suspension of sentence - 20% of compensation amount works out to Rs.12 lakhs - Accused already deposited an amount of Rs.6 lakhs and has now prepared another draft for balance amount of Rs.6 lakhs - Delay in arranging..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Loan - Recovery of debt - Quashing of demand notice - Notice u/s 13(2) of the Act was served on respondent on same pattern of letter head which is being ordinarily used by appellant in its correspondence with its customers - Trivial and technical objection..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 34 -- Anticipatory bail - Offence u/ss 363, 366, 34 IPC - Additional Session Judge who has passed order granting anticipatory bail to accused despite objection raised by complainant as well as I.O. that girl is aged about 15 years though while dismissing anticipatory bail application of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioner due to some loss in business in real estate could not hand over flat to complainant nor could succeed to return amount - However, petitioner is ready to return amount of complainant in installment and complainant has no objection - Petitioner released on provisional bail - Direction issued...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to amend rough sketch and plan annexed with the plaint on the basis of Advocate Commissioner's report - Without filing objection to the Commissioner's report plaintiff cannot straight away seek amendment of plaint based on the Commissioner's report...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - Purchaser of property which was subject matter of suit, cannot resist execution of decree, if purchase was during pendency of litigation, as O.21.R.102 CPC bars such objections...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - When resistance or obstruction is offered by a transferee pendente lite, it is explicit from reading O.21.Rr.98, 99, 101, 102 CPC, that scope of adjudication ought to be confined only to question whether person who resist or who was dispossessed was a transferee during..........
