Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Report elicited from an expert through process of Court - It is not open for that party, that too in a private complaint u/s 138 of NI Act, to seek process of Court, to obtain another report, without even setting aside the first report...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Wife had not been able to render satisfaction that she had been prevented by any sufficient cause from appearing - She did not seek before Family Court right to be represented by legal practitioner - Wife appointed one and entered..........
Compromise decree -- Setting aside - Compromise may be void or voidable, it is required to be set aside by filing a suit within period as permissible under law - Contention that a void decree can be challenged at any time or that law of limitation does not apply to challenge such a decree, has no merits...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit was decreed ex parte without giving proper opportunity to defendants to defend themselves - Conduct of suit proceedings and the manner in which ex parte decree was passed is illegal - Ex parte decree set aside with directions...........
Arbitration and Conciliation Act, 1996, Section 37 -- Arbitral award - Setting aside - Approach of High Court in holding that Arbitrator neither established nor discussed questions posed by it, is not a ground to set aside Award...........
Service -- Penalty - Stoppage of one increment with cumulative effect - Age of appellant is 68 years and there being no evidence whatsoever available on record to arrive at a conclusion that he is guilty of charge - Moreover, complainant herself had withdrawn the complaint and she was not even examined on behalf of employer to prove the charge - Findings of enquiry officer..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Defendant pleaded that summons had not been served duly on account of his change of address - However, defendant did not provide his changed registered address nor has he mentioned his changed address in the application U.O.9.R.13 CPC - Plea rejected - Application..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte interim injunction - Appeal - Defendant has a remedy to move application for setting aside ex parte order U.O.39.R.4 CPC - Appeal on behalf of defendant is not maintainable, hence, dismissed...........
Evidence Act, 1872, Section 45 -- Expert opinion - Opinion expressed by an expert cannot be set aside by Court in an ordinary manner and Court shall leave the opinion subject to its proof by examining its author and by other means - Though, Court can opt for a second opinion, if facts of particular case absolutely warrant such a course of action without interfering or..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Objection U.O.21.R.90 CPC confined to material irregularity or fraud or publishing or conducting the sale - Mere fact that no opportunity was granted to appellants on the point of market value in view of O.21.R.90(3) CPC and any other objection beyond the scope of O.21.R.90(1), (2)..........
