Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 259 -- Dishonour of cheque - Conversion of summons case to warrant case - Accused did not make any request for such conversion at commencement of trial - Even, there is no plausible explanation for the same - Conversion of summary trial as summons case to warrant case at this stage..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Subsequent events - When a plea is raised by a party for amendment of pleadings basing on subsequent events, delay as such is not a relevant factor, as question of limitation is based on fact and law and it cannot be subject matter of a decision in a summary enquiry in an interlocutory application...........
Succession Act, 1925, Section 372 -- Succession certificate - Claimed by brother of deceased - Objected by alleged husband of deceased - Deceased working as headmaster in Government Primary School, died in harness - She during her lifetime had declared her brother as her nominee, which fact is corroborated by Junior Auditor of concerned department - Claim of alleged..........
Civil Procedure Code, 1908, Order 37, Rule 3(5), (7) -- Summary suit - Leave to defend - Delay in applying leave to defend the suit - If sufficient cause is shown by defendant in filing application for leave to defend, Court may excuse delay in applying for leave to defend the suit as per O.37.R.3(7) CPC...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - In absence of an application supported by affidavit U.O.37.R.3(5) CPC, if written statement is filed by defendant, it cannot be taken on record...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Application for leave to defend the suit was not filed by defendant - But, contrary to provisions of law, written statement and affidavit was filed as of right - No triable issue was raised by defendant in trial Court - Vague and evasive explanation was given by defendant for not filing application..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Condonation of delay - Delay of 20 days in filing leave to defend - It cannot be said that defendant had unduly delayed filing leave to defend application - Adequate reasons were stated in application for condonation of delay by defendant - Delay in filing leave to defend..........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Admission or denial of documents - Service law dispute - Registry is directed not to list any fresh RSA for hearing the subject matter of which is a service law dispute without the filing with record - At the commencement of the proceedings and before the issues are framed Trial Court should insist upon the parties to first..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324 -- Bail - Offence u/ss 307, 324 IPC - As per MLR, there were 11 injuries on persons of injured out of which 8 were caused by blunt weapon while 3 were caused with sharp edged weapon - Even, attending doctor in medico legal summary opined injuries to be grievous therefore, in view of..........
Armed service -- Dismissal - Double jeopardy - Earlier appellant was treated by Summary Court Martial, he was tried for offences u/s 63 of Army Act only and thereafter he was inflicted with penalty of reduction in rank - However, said order was not confirmed by Chief of Army staff in exercise of power u/s 164 of Army Act - Said order therefore not attained finality - In..........
