Civil Procedure Code, 1908, Section 151 -- Additional evidence - Defendant seeking permission to lead additional evidence after closure of his evidence - Same allowed only on the ground that plaintiff will have a right to cross examine the witness without going into the question whether same could be allowed once the evidence of defendant was closed - Order totally cryptic..........
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..........
Service -- Misconduct - Dismissal - Order of dismissal was passed by Commissioner - Commissioner was authorized to take action against any officer with regard to lapses and/or negligence on the part of officers in various works and purchases but not otherwise - Decision of Commissioner was placed before General Board and General Board ratified the decision of Commissioner..........
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...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspension of sentence - Vacation of order of suspension of sentence upon non-payment of 20% of fine amount - Merely because condition to deposit 20% of fine amount was not imposed upon accused at the time of suspension of sentence, it cannot be held that vacation of order of suspension of sentence upon..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspension of sentence - Vacation of order of suspension of sentence upon non-payment of 20% of fine amount - Merely because condition to deposit 20% of fine amount was not imposed upon accused at the time of suspension of sentence, it cannot be held that vacation of order of suspension of sentence upon..........
