Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 203 -- Dishonour of cheque - Issuance of process - Quashing of order - Offence by company - If a director wants process to be quashed on ground of vague averments or on ground that he is independent director appointed as per second proviso to S.141 of the Act, such a director is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent developments - Amendment sought relate to certain subsequent developments which may have material bearing on dispute between parties - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - In order to attract provision of O.39.R.2-A CPC, there has to be not mere disobedience but it should be a willful disobedience and act of willful disobedience is required to be proved by cogent evidence and a person cannot be held to be guilty of disobedience merely on basis of a..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Power U.O.39.R.2-A CPC cannot be exercised on a mere apprehension or as a matter of course in absence of clear proof that order which was to be obeyed was clear, unambiguous and within full knowledge of person who is alleged to have disobeyed the same...........
Criminal Procedure Code, 1973, Section 145 -- Order u/s 145 Cr.P.C - Provision of S.145(1) Cr.P.C mandates that Magistrate shall make an order in writing, stating grounds of his satisfaction...........
Criminal Procedure Code, 1973, Section 145 -- Order u/s 145 Cr.P.C - Quashing of order - Magistrate on basis of presumption rejected claim of applicant that she is in possession over plot in dispute and has accepted objections filed by respondents - Neither Magistrate has called for any police report regarding spot inspection of plot in dispute nor has obtained other..........
Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to jurisdiction - Objection not taken by tenant in his written statement - Said objection as to jurisdiction of Court cannot be taken at a later stage - Even otherwise, said objection is not sustainable - Executing Court erred in allowing objection - Impugned order of Executing Court set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at revisional stage - Application for additional evidence has to be decided at the time of final hearing of revision i.e at the stage when it is possible for Court concerned to consider the fact as to whether additional evidence is required to be taken on record to decide the case or for substantial..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against acquittal - Remand of case - Remand is not to be ordered as a matter of course - It is only if there is mis-trial or some technical issues have arisen that such an order may be made but in very rare circumstances...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13, Punjab Rent Act, 1995, Section 75 -- Amendment of grounds of revision - Eviction petition - Application cannot be allowed at this stage and nor he can be allowed to raise said objection at this stage after he has lost from two Courts - Moreover, it is not the case of..........
