Civil Procedure Code, 1908, Order 21, Rule 32, 36, Partnership Act, 1932, Section 14 -- Suit for rendition of accounts compromised - Held, there is simultaneous obligation of both parties to stick to their statements - If defendant had a right to implement command of Court by executing decree at the same time defendant had a right to seek an execution of undertaking made..........
Indian Penal Code, 1860, Section 324, 325, Criminal Procedure Code, 1973, Section 357 -- Offence u/ss 324, 325 IPC - Release on probation - Validity - Respondents did not inflict any sharp edged injury on chest or stomach or any vital organ of petitioner and his father - Attack was not a planned one and accused persons did not possess any intention or knowledge to kill -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Clear admission by accused that amount mentioned in cheque was paid by first respondent/complainant by way of cheque - Held, in view of such clear admission, burden of proving discharge of debt shall be on petitioner/accused, which he has not discharged..........
Criminal Procedure Code, 1973, Section 436 -- Bailable offence - Issue of no, bailable warrant - Revision - Issuance of no, bailable warrant consequent to the failure to produce sureties and at the same time remaining absent on hearing dates - Held, it cannot be said to be improper or irregular - Revision liable to be dismissed - However, it is made clear that petitioner..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent event - Plaintiff filed suit seeking declaration that he is owner in possession of suit land - Receiver appointed u/s.145 Cr.P.C. during pendency of suit and he has consequently taken possession of suit land - By way of amendment of plaint plaintiff sought relief of possession of suit land..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Accused admitted borrowing of money from complainant - She stated that debt was discharged but complainant had retained cheques demanding more amount - She never took some precautionary measures like issuing stop memo to bank etc. - Further, accused did not responded to statutory notice issued..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - There is sufficient material to come to the conclusion that cheque was infact issued by accused to discharge debt due to the Bank - Bank had produced statement of accounts to show that amounts were due from accused - Courts below have noticed that accused was not prompt in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application - Validity - Amendment sought to be made by plaintiff in suit to the effect that earlier he had approached High Court by filing writ petition claiming same relief and its withdrawal was not mentioned in suit filed which otherwise required to be mentioned - It is not borne out..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(1)(2),13(2) -- Arrears of rent - Provisional rent assessed - Challenged by filing Revision - Stay granted to tenant - Revision dismissed - Tenant did not seek permission of Revisional Court as to when rent was to be deposited - Held, once interim protection granted in revision is taken away tenant should have either..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Sub-letting - Demised premises was on rent and in possession of firm `Export House' which was being run by `T' - After death of `T' same had become no, functional - Petitioner Nos.1 to 3, successors-i, interest, had formed a private limited company (petitioner No.4) which is now in possession of demised..........
