Criminal Procedure Code, 1973, Section 173(2)(i) -- Cancellation report - Notice to Legal heirs of deceased complainant - Respondents are neither first informants nor injured witnesses - Land in question was in ownership of petitioner's side - Legal Heirs of complainant thus, have a limited role in opposing cancellation report - More so, when they choose not to appear..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 380, 467, 468, 471 -- Anticipatory bail - Offence u/ss 380, 467, 468, 471 IPC - Petitioner had stolen cheque book from office of her son and misused the cheque book - Petitioner filed a complaint u/s 138 of the Act - Issue as to whether cheque has been duly executed or not is a matter which is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of application without affording any opportunity of hearing to defendant is not proper - Impugned order set aside - Matter remanded...........
Insolvency and Bankruptcy Code, 2016, Section 9, Limitation Act, 1963, Article 137 -- Application u/s 9 of Code - Limitation - Appellate Tribunal taking additional documents on record and deciding appeal, on basis of such additional documents, without granting adequate opportunity of response to the corporate debtor - Impugned order set aside - NCLAT to reconsider the..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - In the interest of justice one opportunity granted to file written statement, subject to payment of cost of Rs.10,000/- to be deposited with the Institute of Blinds...........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Revisional Court only directed trial Court to pass a fresh order after providing opportunity of hearing to all parties concerned on the application filed by SHO for continuing attachment of disputed land and releasing the rest of land from attachment - No illegality found in order passed by revisional..........
Indian Penal Code, 1860, Section 376, 376A, 376AB, 377, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Forensic report in respect of DNA match between incriminating articles recovered from scene of crime as well as at the instance of accused and blood sample of accused, not put to accused u/s 313 Cr.P.C..........
Criminal Procedure Code, 1973, Section 235(2) -- Death sentence - Hearing on sentence - Accused must be given an opportunity to make a representation against sentence to be imposed on him...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was incarcerated in jail and could not attend the civil suit proceedings - If it was felt that application for setting aside ex parte decree is filed belatedly, Court could have given an opportunity to defendant to file an application for condonation of delay and costs could have..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Defendants availed at least three effective opportunities to file written statement so as to contest the suit - However, said opportunities were not availed by defendants - Difficult in getting records and translating them in Court language, would..........
