Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Notice to complainant - Matters of issue of bailable warrant and representation of accused is between accused and Court - Complainant need not be heard - Moreover, in order to avoid delay in disposal of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Magistrate neither received or called for any report from police regarding non-execution of bailable warrant, nor he was satisfied that accused was avoiding Court's proceedings intentionally - Non-bailable..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Murder case - High Court while suspending sentence of accused has gone into issues like political rivalry, delay in lodging FIR, some over writings in FIR etc. - All these aspects will have to be looked into at the time of final hearing of appeals filed by accused - Order of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Carriers by Road Act, 2007, Section 16 -- Rejection of counter claim - Counter claim against common carrier in respect of claims for damages for the loss of reputation, business opportunity etc. - Such claims are not in connection with damage or loss to the consignment - S.16 of the Act of 2007 does not come into play -..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Inordinate delay in placing the order of sanction before Court - May entitle accused for grant of regular bail but not a ground to pray for statutory/default bail u/s 167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed in time - Accused cannot claim default bail on the ground of non filing of sanction order...........
Criminal Procedure Code, 1973, Section 173(2), 173(8), 158 -- Re-investigation/further investigation - S.173(3) r/w S.158 Cr.P.C does not permit Secretary (Home) to order for further investigation/reinvestigation by another agency, other than Officer in charge of concerned Police Station and/or his superior officer...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Case reserved for judgment - At this stage O.9.R.7 CPC cannot be invoked...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Power to remand or transfer of an undertrial prisoner from one jail to another is to be exercised by Court by passing a judicial order, obviously after providing opportunity of being heard and change in the place of detention would be permissible only with..........
Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 499, 500 -- Issuance of process - Defamation - Magistrate has passed detailed order recording prima facie satisfaction that allegations in the newspaper would fall within expression of defamation u/s 499 IPC - To determine whether imputations are sufficient to attract provisions of S.499 IPC, a..........
