Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, 25, 29, 31A, Income Tax Act, 1961, Rule 68B -- Second Sch. - Auction sale - Conducted after lapse of 8 years from issuance of recovery certificate - Rule 68B of Second Sch. to Income Tax Act clearly mandates that no sale of immovable property shall be made after expiry of 3 years from the end..........
Criminal Procedure Code, 1973, Section 319, 70 -- Summoning of additional accused - Issuance of arrest warrant - Prosecutrix in her statement u/ss 161, 164 Cr.P.C as well as in Court statement named accused and active role assigned to him - Order taking cognizance on application u/s 319 Cr.P.C is perfectly justified - However, arrest warrant issued against accused is..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Issuance of interrogatories - Dismissal of application - Rules and Orders of High Court specifically stipulating that any such application for the service of Special Kanungo or Patwari Moharrir for preparing excerpts has to be moved only Court of law, naturally petitioner had no other choice but to do so and therefore, trial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 21.500 kg poppy husk - Search and seizure - Prosecution failed to explain as to how FIR number had come in reply/no, consent memo and recovery memo, as these were prepared much prior to sending of information to police, wherein there is mention of preparation of all these three documents - It..........
Criminal Procedure Code, 1973, Section 190, 482 -- Issuance of process - Quashing of proceedings - At initial stage of issuance of process it is not open to Courts to stifle the proceedings by entering into merits of the contentions made on behalf of the accused - If ingredients of the offence alleged against the accused are prima facie made out in the complaint, criminal..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution - Dismissal of objections - Issuance of warrant of possession - During pendency of application for setting aside of exparte decree - Till application U.O.9.R.13 CPC is decided (though expeditiously), it would prejudice the petitioners, possibly irreparably, if order of..........
Negotiable Instruments Act, 1881, Section 138, 139, 20, 87 -- Dishonour of cheque - Issuance of signed blank cheque - Subsequent filling in of an unfilled signed cheque is not an alteration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque - Issuance of post dated cheque does not absolve drawer of cheque of penal consequences of S.138 of the Act...........
Criminal Procedure Code, 1973, Section 190(1)(b) -- Cognizance of offence - Issuance of summons - Case based on police report - Magistrate not required to record any reasons at the stage of issuing summons to accused...........
Criminal Procedure Code, 1973, Section 397, 204 -- Revision - Maintainability - Order of issuance of summons u/s 204 Cr.P.C - Revision against such an order is maintainable...........
