Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Application u/s 311 Cr.P.C. to during pendency of appeal against conviction for recall of witness to prove that complainant firm is not registered under Punjab Money Lenders Act or with the Reserve Bank of India and as such is not competent to lend money in..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - One of the defendants was not party to the former suit - However, through whom he is claiming title was party to the suit - Held, in order to sustain the plea of res judicata it is not necessary that all the parties to the two litigations must be common - All that is necessary is that the issue should be between the..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 302, 120B, 34 -- Quashing of proceedings - Final report submitted and Magistrate taking cognizance - Police making further investigation - After investigation IO submitted parcha of case diary - Earlier order by which cognizance taken is not adversely affected - Accused can make use of such..........
Criminal Procedure Code, 1973, Section 437, 439 -- Interim bail pending hearing of a regular bail application - Can be granted except in the following circumstances - (i) In a case of grave offence like murder, dacoity, robbery, rape etc. ; (ii) The case involves an offence under the U.P.Gangsters Act and in similar statutory provisions; (iii) The accused is likely to..........
Civil Procedure Code, 1908, Order 41, Rule 1, 9 -- Appeal - Whenever an appeal is filed, office concerned submits a report with regard to limitation, sufficiency of Court fee and filing of caveat - Unless those reports are obtained file is not presented before Court - In case file is presented to Court by mistake then it is duty of Court to ensure the report of office and..........
Criminal Procedure Code, 1973, Section 245(2) -- Application for discharge - Dismissal - Validity of - Petitioner along with respondents No.3 & 4 entered into the property belonging to complainant which has now been occupied by accused persons without consent - They are not only staying there but are also raising construction with intent thereby to intimidate, insult and..........
Criminal Procedure Code, 1973, Section 202 -- Issue of process - Postponement of - Legality of - S.D.J.M. did not issue process against accused persons immediately after presentation of complaint petition and examination of complainant - On contrary, after recording initial statement of complainant on 26.02.2007, issue of processes was postponed till 20.03.2007 in order to..........
Civil Procedure Code, 1908, Section 96 -- First appeal - High Court while deciding First appeal must consider evidence on record, oral and documentary and also the questions of law raised before it - It is also duty of Court to consider the reasons given by the trial Court against which the first appeal was filed and thereafter dispose of the same after passing a speaking..........
Civil Procedure Code, 1908, Section 96 -- First appeal - High Court without calling for the records and proceedings and without appreciating the pleadings and evidence, oral and documentary on record dismissed the appeal - Order of High Court set aside - Matter remitted back for decision afresh in accordance with law...........
