Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of second Commissioner - Report of Commissioner exhaustively dealt with and he was thoroughly cross-examined - Except pointing out statement in cross-examination of Commissioner, nothing is shown as to how repot of Commissioner is not sufficient to prove the case of plaintiff - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 364, 366, 376, 307 -- Summoning of additional accused - Kidnapping, rape and attempt to murder - Incident took place in the Hotel - CCTV footage of Hotel indicates that no other person visited hotel except main accused - Evidence recorded during course of prosecution if remain unrebutted, will not..........
Rent and Eviction -- Rate of rent - Purchase of building by appellant not disputed - Erstwhile landlord issued a letter of attornment of tenancy indicating rent of Rs.3200/- p.m. addressed to tenant with a copy marked to the appellant - High Court held that this letter of attornment of tenancy was not sufficient to prove the monthly rent to be Rs.3200/- - Held, High Court..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 424 days in filing application for setting aside ex parte decree - Defendant failed to explain delay by establishing sufficient cause within the meaning of S.5 of Limitation Act - Application for condonation of delay rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false case by wife against husband amounts to cruelty and is sufficient ground for divorce...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - An authorised employee of a company can represent the company - Once an averment to this effect is made in the complaint and a copy of power of attorney is annexed to the complaint, it is sufficient for Magistrate to take cognizance and issue process - However, when authority of such person is..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through duly constituted attorney of bank - Statement of attorney as required u/s 200 Cr.P.C. not recorded - However, sufficient material on record viz. cheque in question, memo of dishonour, demand notice and receipt depicting issuance of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354A(1)(i), (ii), (iv), 354A(2), 354A(3), Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 11 -- Anticipatory bail - Offence u/ss 354-A(1)(i), (ii), (iv), 354-A(2), 354-A(3) IPC and Ss.7, 8, 9, 11 of POCSO Act - Victim girl is traumatized to such a high degree that her..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Harassment physically and mentally - Unless those acts are described it cannot be concluded that it amounted to cruelty - Mere use of word harassment `mentally and physically' not sufficient to attract S.498-A IPC...........
Indian Penal Code, 1860, Section 498A, 323, 604, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Allegations made in FIR and collection of evidence is not sufficient even at prima facie stage to attract ingredients of offence punishable u/s 498-A IPC - As regarding other offences, unless those other offences are shown which would amount..........
