Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Amendment of complaint to make correction in the cause title of complaint - Application dismissed - Correction sought in the cause title of complaint to be specific in the name of accused - Omission to mention name in the complaint exactly as given in the bank..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 34 -- Quashing of Look Out Circular (LOC) - Offence u/ss 406, 498-A, 34 IPC - Matrimonial dispute - Petitioners are sister-i, law and brother-i, law of complainant - Petitioner no.1 is a married lady having two children - Main allegations are against complainant's husband, father-i, law..........
Criminal Procedure Code, 1973, Section 202 -- Provision of S.202 Cr.P.C. - Is mandatory in order to protect innocent persons from being harassed by unscrupulous persons...........
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 420, 406, 120B -- Complaint - Issue of process - Opposite party being aware of sale of land and about deaths of rightful owner executed agreement in order to compel petitioner to part with the money - Moreover, agreement was executed by opposite party in order to use the same as..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B -- Summoning of additional accused - Rejection of application - Legality of order - Vague and general allegations in regard to demand of dowry - Deceased committed suicide as she became extremely perturbed by her father's insult and was not allowed to go with her father - No prosecution..........
Civil Procedure Code, 1908, Section 24(2) -- Transfer of case - When property is common in two suits, Court can order transfer of one suit from one Court to another - However, Court while exercising power u/s 24(2) CPC cannot order joint trial of the transferred suit...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - De facto complainant submitted that he had no objection if protection u/s 438(2) Cr.P.C. is granted to accused, in case he is permitted to withdraw amount deposited before this Court - He is only interested in getting his money and does not want to prosecute accused - Complainant permitted to withdraw amount..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97 -- Order rejecting application U.O.21.R.97 CPC - Revision - Maintainability - Order passed without considering specific contention urged by petitioner - Said order is tainted by jurisdictional error etc., therefore, it is revisable u/s 115 CPC...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - In order to consider the question whether leave to defend should be granted or not, the suit should be based on "written" contract...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex pare decree - Setting aside - Defendant against whom ex parte decree is passed has two options: (i) to file appeal; (ii) to file an application U.O.9.R.13 CPC - Defendant can take recourse to both proceedings simultaneously - Right of appeal is not taken away by filing an application U.O.9.R.13 CPC - But if appeal is..........
