Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Formulation of - Held, substantial question of law can be formulated at initial stage and in some exceptional cases at later point of time - Even at the time of argument stage such substantial question of law can be formulated provided opposite party should be put on notice thereon and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Speedy and expeditious disposal of cases - Directions issued to all Criminal Courts in country dealing with cases u/s 138 of the Act, viz: (1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint u/s 138 of the Act is presented, shall scrutinize the complaint and, if the..........
Indian Penal Code, 1860, Section 302 -- Murder - Delay in lodging FIR - Effect - Held, mere delay in lodging FIR cannot by itself be regarded as fatal to prosecution case - Court has duty to take notice of delay and examine same in backdrop of factual score, whether there has been any acceptable explanation offered by prosecution and whether same deserves acceptation being..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Notice - Complaint u/s 138 of the Act - Accused bound to prove payment of entire amount within 15 days of receipt of notice intimating dishonour of cheque and demanding payment u/ss - Even, part payment whether before or after notice cannot absolve accused from criminal liability for offence u/s..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Examination of signatures on cheque by handwriting expert - Petitioner herself admitted in notice that cheques were sent on behalf of her - Moreover, cheques were not returned by bank on the ground of dissimilarities in signatures but returned on account of insufficient..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand for more amount than the cheque amount - Notice is improper notice - Complaint not maintainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of opium - Notice - Contents of notice were duly explained to accused - Accused was clearly informed his right to be searched in presence of Magistrate or Gazetted officer - Held, there was due compliance of S.50 of Act - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Period u/s 138(b) of the Act has to be reckoned from the actual date on which information regarding dishonour of cheque reached the payee...........
Per incuriam -- A decision or judgment can be per incuriam any provision in a statute, rule or regulation which was not brought to notice of Court - A decision or judgment can also be per incuriam if it is not possible to reconcile its ratio with that of a previously pronounced judgment of a Co-equal or Larger Bench; or if decision of a High Court is not in consonance..........
Agreement to sell -- Specific performance - Subsequent purchasers - Plea of bona fide purchaser - Unusual haste in which contract was executed and got registered shows that parties had notice of previous agreement...........
