Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Matrimonial dispute - Wife is residing in USA and because of her nature of job, she was unable to come to India for her evidence - Dismissal of application without giving any reasons - Impugned order set aside - Application allowed...........
Probation of Offenders Act, 1958, Section 3, 4 -- Benefit of probation - Petitioner has no criminal antecedents and is a first time offender - While maintaining conviction and sentence imposed upon petitioner, petitioner be released on probation for good conduct - Benefit of probation granted to petitioner...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 411 -- Benefit of probation - Offence u/s 411 IPC - Stolen motorcycle was recovered from appellant - It is first offence of appellant - Conviction of appellant upheld - However, appellant released on probation of good conduct...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Suit dismissed at the initial stage on the ground that Court fee was not deposited - Sufficient ground is made out for condonation of delay - Suit was not admitted as yet - There is thus, no need for issuing notice..........
Civil Procedure Code, 1908, Order 39, Rule 4, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal - Order passed U.O.39.R.4 CPC - Court while exercising powers U.O.43.R.1(r) CPC would have to look into only correctness of order passed by trial Court testing it within the framework of provisions under which applications U.O.39.R.4 CPC were filed...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant admitted his signatures on promissory note - Evidence of PWs 1 & 2 coupled with promissory note entrenches and establishes that defendant borrowed sum of Rs.1,50,000 from plaintiff and executed promissory note - PW2 is scribe of promissory note - Promissory note is true, valid and..........
Constitution of India, 1950, Article 14, Advocates Act, 1961, Section 16, Supreme Court Rules, 2013, Order 4, Rule 2 -- Classification of Advocates - Designation - Designation as a Senior Advocate cannot remain the monopoly of the Advocates practicing in High Courts and this Court - If the designations are conferred only to the Advocates practicing in High Courts and this..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 325 -- Probation - Offence u/ss 323, 325 IPC - Respondent has maintained good conduct and does not have criminal antecedents - Opportunities of reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing nature of..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant denied execution of promissory note and also denied his signature on promissory note - Comparison of admitted signatures of defendant with signature on promissory note shows that defendant signed on suit pronote and there is similarity in signatures - Evidence of plaintiff and..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Substitution - An application for substitution is to be filed within 90 days of death and if not filed, to file an application for setting aside abatement within 60 days and if that too is not filed, to file requisite applications for substitution and setting aside abatement with an accompanying application for condonation..........
