Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - Observations in the nature of findings - Not a correct approach - Impugned order set aside...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Both the parties have failed to produce any material on record in support of their claim - Defence set up by defendant in his objection is triable issue which entitles defendant to unconditional leave to contest the suit as contemplated U.O.37.R.3(5) CPC - Unconditional leave..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of case of bigamy against husband by wife - Wife stated that husband has contracted a second marriage - She had given the details of second wife, date and place of marriage and address of second wife - Said allegations has not been disputed by husband - Though criminal proceedings for offence..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Waiver of compounding fee - Complainant received the agreed amount - Accused is permitted to compound the offence - However, prayer for waiving of compounding fee not acceptable but considering mitigating circumstances of accused, same is reduced to Rs.10,000/- - Conviction..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Allegation that A-1 demanded and accepted Rs.1500 as bribe and he shared Rs.500 with A-2 - PW1 and PW2 are direct witnesses for receipt of money by A-1 - Testimony of both these witnesses are corroborating each other and there is no contradiction - Opportunity..........
Commercial Courts Act, 2015, Section 12A -- Return of plaint - Non-compliance of S.12-A of the Act - Provision of S.12-A of the Act apply to a suit which does not contemplate any urgent interim relief - However, appellant along with plaint has filed an application seeking ad-interim relief which in the matter of infringement of trademark can be said to be an urgent interim..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC filed after inordinate delay of about 7 years after putting in appearance by defendant in execution proceedings - No reason offered by defendant for not filing application for setting aside ex parte decree for a period of almost seven years - Order..........
Criminal Procedure Code, 1973, Section 127 -- Enhancement of maintenance - Amount of permanent alimony of Rs.6.5 lakhs was received by wife in full and final settlement and lifetime maintenance and decree of divorce by mutual consent was passed - Husband contracted second marriage and he is under an obligation to maintain his parents and second wife - When the amount of..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted at the stage when accused answered the summons and not after plea of accused was entered - Interim compensation can be granted only where accused "pleads not guilty" - Impugned order set aside - It is open to accused to seek appropriate relief, including u/s 143-A of..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction of Court - Recovery suit on the basis of dishonoured cheque - Cheque presented in Bank at place `C' and dishonoured - Dishonor of cheques at place `C' which is a part of the cause of action for plaintiff's suit would bring the suit within territorial jurisdiction of Court at place `C' - Order of..........
