Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Order passed u/s 143-A of N.I. Act - Revision before Sessions Court against such an order is maintainable, as order passed u/s 143-A of N.I Act is intermediate order and not interlocutory order...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - In an application U.O.7.R.11 CPC plaintiff was granted time to make payment of deficient Court fee - Plaintiff sought amendment of plaint qua Court fees and jurisdiction of Court - Trial Court held that case of plaintiff did not fall in any of carved out exceptions in S.7 of Court Fees Act and rejected..........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint - Enquiry - Statement of complainant recorded - Complaint dismissed - No reason recorded as to why eight witnesses specially named not examined - High Court remanded the case - Order upheld...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW3 for cross-examination - Cross examination of material witness/PW3 was closed by trial Court without providing any further opportunity to petitioner - Right of cross-examination is a valuable right in order to prove petitioner's innocence, therefore, it will be just and appropriate to grant one opportunity to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Courts below had ignored material evidence on the aspect of property having been divided by father of defendant - Defendant himself admitted to having sold one plot in favour of one person claiming himself to be exclusive owner of such property - Brother of defendant sold a part of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Order granting bail in a mechanical manner, without recording reasons, would suffer from the vice of non-application of mind, rendering it illegal...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - Accusations against accused are not prima-facie wholly false, frivolous or vexatious in nature, so as to justify grant of bail - Prosecution has brought on record adequate material that would prima-facie point towards the guilt of..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 25 -- Maintenance u/s 125 Cr.P.C - Application u/s 125 Cr.P.C cannot be filed after order has been passed u/s 25 of Hindu Marriage Act - In view of S.25(2) of Hindu Marriage Act, wife can file appropriate application before concerned Court...........
Civil Procedure Code, 1908, Section 151 -- Police protection - Decree of permanent injunction - Violation - Plea by J.D. that some steps have been taken to record himself as a cultivating tenant - However, so far no order has been passed by revenue authorities - No ground to interfere with the order of Executing Court in directing police protection...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge u/s 307 IPC - Accused did not have any intention to kill victim, rather they only wanted to cause simple and grievous injuries to victim, despite having weapons and opportunity to inflict more injuries - There are no reasonable grounds to presume that accused should be charged for the offence u/s 307 IPC -..........
