- All the subordinate Courts must endeavour to expedite the hearing of cases in a time-bound manner which in turn will restore the confidence of the common man in the justice delivery system. When law expects something to be done within the prescribed time limit, some efforts are required to be made to obey the mandate of law.
- The learned Magistrate has the discretion under Section 143 of the N.I. Act either to follow a summary trial or summons trial. In case the Magistrate wants to conduct a summons trial, he should record the reasons after hearing the parties and proceed with the trial in the manner provided under the second proviso to Section 143 of the N.I. Act. Such reasons should necessarily be recorded by the Trial Court so that further litigation arraigning the mode of the trial can be avoided.
- The learned Judicial Magistrate should make all possible attempts to encourage compounding of offence at an early stage of litigation. In a prosecution under the Negotiable Instruments Act, the compensatory aspect of remedy must be given priority over the punitive aspect.
- Remitting the matter for de novo trial should be exercised as a last resort and should be used sparingly when there is a grave miscarriage of justice in the light of illegality, irregularity, incompetence or any other defect which cannot be cured at an appellate stage. The appellate court should be very cautious and exercise the discretion judiciously while remanding the matter for de novo trial.
SDM cannot attach property under section 146 crpc when civil suit is pending
SDM cannot attach property under section 146 crpc when a civil suit is pending before the civil court. I am the owner of a house which I purchased in 2020. After purchase of that flat one person namely Pawan came and claimed that the property belongs to him. I…