Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 99, 100 -- Execution - Objection - Eviction decree - Petitioner filed a declaratory suit that he along with plaintiffs was a co-sharer of suit property - Though suit was dismissed but first appeal against the same was pending - An appeal is a continuation of suit and executing Court should have awaited the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Murder case - Allegations against i, laws of deceased - Deceased in her dying declaration only mentioned the name of her sister-in-law, she has not mentioned the names of others - Neither complaint nor evidence of witnesses indicates as to role played by appellants in commission of offence and..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Matrimonial dispute - False statement allegedly made in anticipatory bail application by accused - However, evidence on record shows that statement made in anticipatory bail application cannot be tested against unimpeachable evidence as evidence not yet led - Moreover, report in the nature of preliminary investigation..........
Indian Penal Code, 1860, Section 436, 341, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 436, 341 IPC - Compromise - It would not be appropriate to compound the offence which is not compoundable under Cr.P.C. ignoring statutory provisions - Conviction of accused persons u/ss 436, 341 IPC cannot be set aside on basis of compromise...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaitniff during pendency of suit - Death unnoticed and suit decided without substitution of L.R's - Suit abates as abatement is automatic - When question of abatement of suit or appeal arises, same can only be gone into and decided by Court where suit or appeal was pending at the time of death of a party - Judgment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought when trial of suit was almost over and case was fixed for final arguments - It was wholly belated - Moreover, suit could still be decided even without there being any necessity to seek any amendment in plaint - Amendment of plaint was not really required for determination of issues in..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Dispossession on the basis of decree - Decree set aside - Person dispossessed from the property can restore his possession by seeking restitution of possession u/s 144 CPC - When such person is exercising his right provided under the statute, J.D. or any person claiming right through him, cannot make any obstruction..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff and defendant both filed injunction application against each other - Trial Court dismissed both the applications - Defendant felt aggrieved by dismissal of his application filed appeal which was allowed - Plaintiff felt aggrieved and filed writ petition - High Court in writ..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 294, 34 -- Quashing of proceedings - Compromise - Attempt to murder - High Court quashed proceedings solely on the basis of compromise without considering the fact that said offences are no, compoundable - Even, High Court not considered the relevant facts and circumstances of case, more..........
