Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issue of process - If complainant makes prima facie averments in complaint such as : (a) Drawing of a cheque in favour of the complainant and the cheque having been signed with a specific amount; (b) Dishonour of cheque and intimation thereto by the concerned bank in writing; (c) Issuance of demand..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Grant of sanction is an administrative function - All that is material at that time is that the necessary facts collected during investigation constituting the offence have to be placed before the sanctioning authority and it has to consider the material - Prima facie, the authority..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(a), 176(4)(b) -- Election of Sarpanch - Total 2329 votes polled - 185 votes declared invalid - 2144 votes found to be valid - Returned candidate secured 612 votes - Defeated candidate secured 588 votes - Election petition - Pleas regarding irregularities and illegaties committed during course of election and also counting..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 173(2), 482 -- Offence u/s 498-A & 406 IPC - Quashing of FIR - High Court obtaining report from Investigating Officer who reported that no case is made out - FIR quashed on that ground - Order of High Court set aside - Held, High Court is not entitled to consider investigation report before..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR or criminal proceeding - Principles governing : (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused; (2) Where the allegations in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Offence under NDPS Act - Bail - 'Reasonable grounds' - Meaning - Means something more than prima facie - It connotes substantial probable causes for believing that the accused is not guilty of the offence charged and this reasonable belief contemplated in turn points to existence of such facts and..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 14(1), (c) -- Rejection of plaint - On ground that as per statement in plaint, it is barred by provision of S.14(1)(c) of Specific Relief Act - As per agreement clause agreement could only be cancelled mutually by parties - S.14(1)(c) of Specific Relief Act not, prima facie, attracted inasmuch..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Even if a party seeking injunction is capable to establish a prima facie case, unless he is in possession of the disputed property, the Court may refuse to grant injunction considering other ingredients such as irreparable loss and balance of convenience...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Amendment - Eviction sought from two rooms - Landlord during pendency of eviction petition forcibly dispossessed from two other rooms - By amendment of petition eviction cannot be sought from four rooms - Prima facie tenant is deemed to be..........
Civil Procedure Code, 1908, Order 21, Rule 98(2) -- Execution - Decree for possession - Detention in civil prison - Police Officer who is directed by executing Court to assist process of execution is neither a J.D. nor prima facie a person either acting on behalf of or at instigation of J.D...........
