Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail or anticipatory bail - If a case for grant of bail or anticipatory bail is made out, then Court should proceed to pass an appropriate order - Court should not pass a conditional order of deposit of a particular amount and then exercise its discretion...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Mere apprehension of adverse order cannot be a ground for transfer...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Charge-sheet i.e. police report u/s 173(2) Cr.P.C. has been submitted after investigation and High Court did not have an occasion to consider police report/charge-sheet and materials placed along with it while considering application u/s 482 Cr.P.C. - Ends of justice would be subserved if proceedings before..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Where nature of complaint primarily found to be of vexatious and frivolous, Courts owes a duty to look into other evidences collected and did not have to be confined within content of written complaint - That apart, there must be close scrutiny of written complaint and it must be read between lines in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Held, having regard to submissions advanced at bar and in the interest of justice, order dismissing complaint set aside - Complaint restored...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement of - Deceased aged about 29 years at the time of accident, LL.M. graduate and was practicing as an Advocate - Considering his age, his advanced academic qualifications, professional standing as a practicing advocate and loss of future income suffered by dependents, additional lump sum of Rs.10..........
Criminal Procedure Code, 1973, Section 167 -- Police remand - Once charge sheet was filed against all accused, it implied that no further custodial interrogation was considered necessary, rendering impugned order of dismissing application for granting police remand for further investigation being perfectly in consonance with law...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question involved a huge amount of Rs.14,08,000 - Plea of fraud taken by accused in his reply to application u/s 143-A of the Act has not been examined deeply or if noticed not been appreciated by Courts below by recording reasons - Order directing payment of..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Once complainant himself expressed complete satisfaction with professional services rendered by advocate and categorically sought to withdraw complaint, very substratum of disciplinary proceedings ceased to exist - Order holding advocate guilty of professional misconduct, unsustainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For succeeding in an application U.O.39.Rr.1, 2 CPC, establishment of prima facie case is sine qua non and once said issue is decided against plaintiff, order cannot be interfered merely on the ground that issue of balance of convenience and irreparable injury was not decided in great detail...........
