Court Order -- Expunging of adverse remarks and waiving of cost imposed - Court indicated its mind and requested counsel to refrain from further submission - Continued insistence thereafter, especially after Court expressed its inclination, serves no purpose and affects decorum of proceedings - Applicant tendered an unconditional and bona fide apology - Adverse remarks..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Cryptic order referring complaint to DC without a bare minimum discussion of allegations contained in complaint would not satisfy requirements of a valid reference order - In the absence of such prima facie satisfaction, statutory requirement u/s 35 of the Act remains non-complied, and order of..........
Tender -- Withdrawal of cancellation of tendering process - Independent Committee cancelled the tender process, as officers responsible for evaluation of tender has not acted responsibly and fairly - However, respondent no.1 in collusion with respondent no.2 had taken High Court for a ride and misused the process by officers of respondent no.1 and awarded the contract to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Madras High Court Original Side Rules not complied with - Order directing deposit of 75% of suit claim as condition precedent for condoning delay and for setting aside ex parte decree - Held, unwarranted - Instead an order of payment of cost should have been..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Suit was filed in the year 1992 and written statement was filed in 2017 along with counter claim due to which proceedings of suit has been delayed - Though the act of defendants is not appreciable, but since written statement has already been taken on record and suit has proceeded, Court below should have..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Divorce case - Husband absent from Court despite giving last opportunity to him, inspite of cost had been imposed, he has not even paid the cost - He stated that he was unable to attend proceedings in divorce suit because his mother has fallen ill - However, no medical certificate was..........
Evidence Act, 1872, Section 137 -- Cross examination - Witness not cross examined inspite of grant of adjournments for ten time and also grant of last opportunity and that too at one time cost was also imposed - Witness not cross examined even when High Court allowed last opportunity to cross examine the witness - Defendant misused the liberty and the grace shown by Court..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Closure of right to file written statement - Defendant deliberately delaying adjudication of suit firstly by not filing written statement on record in time and thereafter by not appearing before trial Court - Explanation given by defendant for his non-appearance is that he was advised by counsel not to..........
Limitation Act, 1963, Section 5 -- Condonation of delay - To be in consonance with the circumstances in each case - It cannot be unilaterally made applicable by adopting common yardstick to condone delay in a case - Provision is to be liberally construed and if at all there is any loss suffered due to delayed filing of proceedings, it could reasonably be compensated by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 354A, 341, 323, 506, 509, 34 -- Quashing of FIR - Compromise - Offence u/ss 354, 354-A, 341, 323, 506, 509, 34 IPC - Oral settlement arrived at between parties - Matter has been settled amicably - Complainant has no objection if FIR is quashed - No useful purpose will be served in prosecuting..........
