Civil Procedure Code, 1908, Section 114 -- Review - Order allowing application subject to payment of cost - Review of order sought for exempting them from paying cost - There is no error apparent on record for filing review application - Review application dismissed with payment of additional cost...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of eight cheque - Eight complaints - Joint trial - It is not obligatory for Court to hold joint trial, as S.220 Cr.P.C is an enabling provision - It is discretion of Court concerned to decide whether or not to order joint trial...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 341, 323, 324, 325, 394, 201, 34 -- Cancellation of bail - Offence u/ss 341, 323, 324, 325, 201, 34 IPC - Subsequent FIR registered against accused after grant of bail - Second crime cannot be treated as overwhelming enough to impede fair trial in first crime for cancelling bail already granted..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Dishonour of cheque - Appellate Court enhanced compensation without giving opportunity of being heard on question of enhancement - Impugned order of enhancement of compensation set aside - Matter remitted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to step mother - Family Court granted Rs.25,000 as maintenance to step mother without recording evidence - Order of Family Court is thus, not sustainable - However, step mother is entitled for Rs.10,000/- p.m until disposal of case - Family Court directed to record evidence of parties and decide the issue and..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of transferee purchaser and amendment of plaint - Suit for specific performance - Suit land was firstly transferred by vendors to defendant `H' and during pendency of suit defendant `H' further transferred the same to third party - Though third party to agreement to..........
Indian Penal Code, 1860, Section 419, 465, 471, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Dispute emanated from civil dispute - However, if any mischief is alleged to be committed in execution of sale deeds, a criminal action may follow suit, which is to be examined during and in course of enquiry and trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant seeking injunction restraining plaintiff from interfering with his possession - Appellate Court referred all the documents relied upon by plaintiffs - However, there is absolutely no reasoning as to how those documents displaced sale deed executed in favour of defendant - Appellate Court..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner is neither named in FIR nor informant who is an eye witness has named any one in his statement recorded u/s 161 Cr.P.C - He was implicated by injured in his statement recorded u/s 161 Cr.P.C after 21 days of incident - Petitioner was identified in CCTV footage and presence of..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Eviction decree - Appeal against eviction decree was listed for final arguments - Ends of justice would be met in case execution of order of ejectment passed by Rent Controller is stayed till decision of appeal - Execution petition stayed...........
