Criminal Procedure Code, 1973, Section 125(3), 128 -- Arrears of maintenance - Failure to pay - Imposition of civil imprisonment - Power of Magistrate - Held, in case a person chooses to file an application u/s.125(3) Cr.P.C. on every successive month on failure to get maintenance, she may get successive orders of imprisonment if person against whom warrant is issued fails..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - De novo trial - Issue of estoppel and locus standi - Failure to record finding thereon - Held, suit could not be remanded merely because trial court failed to record findings on issues regarding estoppel and locus standi of plaintiff to file suit - Moreover, judgment and decree of the trial Court could not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Examination-in-chief of accused - Affidavit in lieu - Validity - Held, when law provides specific procedure as to how evidence has to be recorded, same has to be followed as it is - Trial Court without looking to said aspect has permitted accused to file an affidavit in lieu of chief examination..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn in view of compromise and statement of plaintiff - Withdrawal of suit was unconditional - Moreover, if any amount had to be paid under the compromise, the petitioners would not have waited for two years to file the restoration application - There would also have been..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh on same cause of action - Permissibility - Plaintiffs have taken very vague and general plea regarding false documents without specifying the documents - Alleged false documents including ex parte decrees were traced at the time of filing of affidavit of petitioner in evidence..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Challenge to - Remedies available - Held, only remedy available to a party who seeks to challenge a decree on the ground that compromise on which it was based was void or voidable and therefore, unlawful, is either to go back to Court which had passed..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Relief barred by limitation - Challenge to - Plaintiff is seeking a declaration by way of filing a separate suit that compromise decree passed is null and void - Held, declaration sought by plaintiff cannot be granted in an independent suit - Remedy open..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21(1)(a), Civil Procedure Code, 1908, Order 6, Rule 17 - - Eviction - Bona fide need - Release application - Amendment in written statement sought on ground that tenants tried to search other alternative accommodation, however, they could not get appropriate accommodation -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to counter claim - At the fag end of trial - Permission granted to file written statement to the counter claim as opportunity to file written statement was not granted earlier and more so when plaintiff states that he will lead no further evidence after filing of written statement...........
Civil Procedure Code, 1908, Section 141, Order 9, Rule 13, 9, Limitation Act, 1963, Article 122 -- Restoration of restoration application - Dismissal of application U.O.9.R.13 CPC for non appearance - Restoration application U.O.9.R.9 CPC is maintainable and limitation to file such an application is 30 days in view of S.141 CPC...........
