Criminal Procedure Code, 1973, Section 122(1)(b) -- Breach of bond conditions - Involvement in a criminal case registered subsequently - Order sending to custody due to violation of bond passed after affording due opportunity to appellant - High Court rightly affirmed said order - No interference warranted in said order...........
Criminal Procedure Code, 1973, Section 379 -- Appeal against acquittal - Law as to: (i) while dealing with appeal against acquittal, reasons which had weighed with trial Court in acquitting accused must be dealt with, in case appellate Court is of the view that acquittal rendered by trial Court deserves to be upturned: (ii) with an order of acquittal by trial Court, normal..........
Sale deed -- Execution of - Title of executant of a party to a registered sale-deed does not come under cloud by virtue of a stay order...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Director of Company - Absence of specific averment that he is involved in day to day affairs of the company - General allegation that applicant is Director of company - Summoning order qua applicant quashed...........
Civil Procedure Code, 1908, Order 26, Rule 13, 14 -- Report of Court Commissioner - Partition suit - Commissioner had determined 1/6th share by demarcating four boundaries as per sale deeds, yet one area survey no. did not tally with that of sale deed - Since there is no clarification on that aspect, Court below rejected the report of Court Commissioner - Order rejecting..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to bring a case within provisions of S.306 IPC, there must be a case of suicide and in commission of offence, person who is said to have abetted the alleged suicide, must have played an active role by an act of instigating or by doing a certain act to facilitate commission of suicide...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing and alienating suit property - Prima facie plaintiff is not sole owner of suit property and his possession of suit property is not prima facie established - Plaintiff is not entitled to relief of temporary injunction - Order allowing application for temporary..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Proceedings u/s 138 of the Act can be continued against natural persons i.e. erstwhile directors of accused no.1/company even after passing of order of liquidation by NCLT under provisions of IBC...........
Punjab Land Revenue Act, 1887, Section 13 -- Appointment of chowkidar - Appeal against order passed by revenue official - Even though, relevant chowkidar Rules does not provide for an appeal, an appeal can still be filed u/s 13 of the Act as Collector who has passed order is a revenue official...........
Indian Penal Code, 1860, Section 380 -- Theft - Premises in question is matrimonial home of petitioner - Petitioner is alleged to have removed certain letters from said premises - Even if Petitioner picked up letters lying on the floor of the part of the house in possession of the Respondent No.2, the dishonest intention, of causing wrongful gain to herself or any other..........
