Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused living in Sharjah - Accused contended that before issuing process, Magistrate should himself enquire into the case or direct investigation to be made by a police officer for the purpose of deciding whether or not there is sufficient evidence for..........
Civil Procedure Code, 1908, Section 35, 35A, 35B, 89 -- Costs - Lack of appropriate provisions relating to costs has resulted in a steady increase in malicious, vexatious, false, frivolous and speculative suits, apart from rendering Section 89 of the Code ineffective - There is urgent need of suitable amendment of these provisions...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Additional accused - Name of proprietor of firm not known - Complaint filed against son of proprietor - Proprietor sought to be arrayed as accused - Complaint against respondent No. 2 can be said to have filed on the date of which application under Section 319..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Additional accused - Name of proprietor of firm not known - Complaint filed against son of proprietor - Proprietor sought to be arrayed as accused - Even if initially complainant was not aware about the real proprietor, he could move the application under..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 120B -- Quashing of complaint - Petitioners took loan from complainant but failed to repay the same within stipulated period - Petitioner issued cheques in discharge of their liability which were dishonoured - Complainant neither filed any complaint under section 138 of the N.I. Act nor..........
Criminal Procedure Code, 1973, Section 145, 146 -- Police submitted report regarding existence of situation likely to cause breach of peace due to dispute regarding possession of properties - Magistrate after issuing notice to both the parties, prohibited them from using properties and directed them to maintain status quo - Held, under section 145 Cr.P.C. no interim order..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 92 - - Suit against trust - Leave to institute - Conditions precedent to attract S.92 of CPC - Held, suit must concern to a Trust for public purpose of religious and charitable nature - Suit must be of a representative character to enforce public rights as against individual interest of plaintiff - Suit must be by..........
Criminal Procedure Code, 1973, Section 439 -- Cancellation of bail - Accused convicted by trial court under Section 420 IPC - Accused filed appeal and granted bail - Accused did not appear on one date and bail cancelled - High Court granted interim bail - Petitioner directed to surrender before the lower appellate court on the next day - Lower appellate directed to grant..........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 304 -- Part II, Probation of Offenders Act, 1958, Section 4 - Probation - Accused convicted under section 304 Part II IPC for causing death - Held, benefit of probation cannot be given to the convict - Convict 17 years of age at the time of incident - Convict already undergone 9 months and 3 days..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Criminal Procedure Code, 1973, Section 313 -- Recovery of poppy husk - Conscious possession - Charge and statement u/s 313 Cr.P.C state that accused found in possession of contraband, recovery was effected and sample drawn - Requirement of law fulfilled - Immaterial if word `conscious possession' missing..........
