Criminal Procedure Code, 1973, Section 216 -- Addition of charge u/s 458 IPC - Incident in question not occurred in the house of complainant as alleged by him, but in fact it took place outside his residence - Neither were complainants armed with lathis, sariyas or any other weapons, as alleged by them in FIR, nor it was found that during the investigation that articles in..........
Criminal Procedure Code, 1973, Section 231 -- Examination of prosecution witness - Dismissal of application - Offence u/s 109 IPC and Ss.13(1)(e), 13(2) PC Act - Accused wants to put questions with regard to contents of documents which cannot be permitted as the same is to be seen and appreciated by trial Court at time of final arguments as PW40 is not the person who..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - Complainant failed to establish as to when cheque in question was issued by accused - Accused itself had intimated fact of loss or theft of her signed cheques/cheque book to manager of bank, by issuing a letter - Accused had also given intimation to manager..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Appellant never dispossessed from the property in question and till date possession of same rests with him - Appellant not entitled to make an application U.O.21.R.99 raising objections in execution proceedings since he has never been dispossessed as required U.21.R.99 CPC...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Publication of proclamation was effected on 15.12.2018 - Mandatory period of 30 days had not elapsed on 21.12.2018 - Case was adjourned solely for the said reason to 18.1.2019 when order in question was issued - Order passed u/s 82(1) Cr.P.C is in violation of statutory procedure prescribed under Cr.P.C, as period..........
Punjab Courts Act, 1918, Section 41 -- Second appeal - It is not mandatory to frame a substantial question of law, if second appeals in States of Punjab, Haryana and UT Chandigarh are filed u/s 41 of the Act...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Application filed is bereft of any averment to substantiate which document in question could be said to be relevant - No evidence is permissible in absence of pleading - More so, no reason has been assigned by defendant in application of inordinate delay in seeking permission to produce..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Maintainability - Suit filed by plaintiff seeking relief of permanent injunction restricting defendants from managerial capacity of property and also restraining them from selling property in question as well as for transferring the entire managerial work and right for maintaining and taking care of deity..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea that there was no cause of action for suit is different from plea that plaint does not disclose cause of action - In latter case, it is duty of Court to decide question before issuing summons and reject plaint without issuing summons...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Property in question was endowed to deity and donor did not keep any right with him - However, managerial work to be performed by one `K' and his successors - Arguments that endowment deed was never brought to its existence as no idol was installed would not attract O.7.R.11 CPC - Order rejecting plaint..........
