Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 446 -- Dishonour of cheque - Non-appearance of accused - Imposition of penalty - Accused did not surrender before Magistrate to receive verdict of trial Court - Failed to place before Court any material - Sureties did not offer any explanation when notice u/s 446 CrPC was issued - Held,..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of subsequent purchaser as a party in a suit for specific performance - Subsequent transferee is a necessary party as the question whether subsequent transferee purchased the property for value and paid the money in good faith and without notice of the original contract is to be decided in his presence -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - Question as to whether notice was not served due to change of address or that accused subsequently prepared the drafts for payment were for the same very amount of dishonoured cheque and not for any other..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1 -- Recovery of arrears of rent - Suit land was given on a monthly rent of Rs. 10,215/- to appellant No.2 by respondent/ plaintiff - After obtaining possession of suit land and getting super structure raised, appellant No.2 has not paid any amount as rent to respondent/plaintiff as per agreement - Service of notice by..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint -..........
Criminal Procedure Code, 1973, Section 145 -- There is no order passed on satisfaction by SDM - Held, recording of satisfaction is mandatory u/s 145 Cr.P.C. - Notice issued u/s 145 liable to be set aside - SDM concerned is at liberty to proceed as per law...........
Criminal Procedure Code, 1973, Section 437A -- Bail - Convict seeking direction that all convicted persons be released on bail on executing bail bonds whose trials are likely to be concluded within six months prior to disposal of trial or appeal in order to facilitate pairvi by prisoners - Held, S.437-A CrPC was not introduced to allow accused to be released prior to..........
Criminal Procedure Code, 1973, Section 190 -- `Taking cognizance' - Means the point in time when a Court or a Magistrate takes judicial notice of an offence with a view to initiating proceedings in respect of such offence which appears to have been committed...........
Civil Procedure Code, 1908, Section 89 -- Jurisdiction of Civil Court - Plaintiff gave notice dated 24.04.1996 by which defendants were called upon to finalize and pay the claim within a period of 60 days from the date of receipt of notice - Plaintiff filed the suit on 24.09.1996 which is within 90 days from expiry of the stipulated period of 60 days, since defendants did..........
