Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence of plaintiff - Right of plaintiff to submit evidence in the form of examination-in-chief was cancelled on the ground that he was reluctant in proceeding with suit and showed his disinterest in proceedings by remaining absent - However, matter should be decided on merits rather than mere technicalities more..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Condition of furnishing bank guarantee - Neither allegation in FIR that car in question procured by cheating complainant nor it is the case that accused has used the car for purpose of cheating complainant - Seizure of car u/s 102 Cr.P.C is thus, unwarranted - More so, even the condition of..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - While allowing review application, there must be a speaking and reasoned order, which called for interference and therefore a reasoned order is required to be passed - Impugned order allowing review application being a cryptic and non-reasoned order, unsustainable and set aside...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application filed beyond prescribed time of 30 days - In absence of condonation of delay application order passed U.O.9.R.9 CPC either dismissing it or allowing it renders the order non-est...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Ample opportunities given to plaintiff to produce her evidence in past 10 years - However, she remained negligent and irresponsible and utterly failed to produce her evidence - Order of closure of evidence of plaintiff is proper...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Cryptic order - Order passed without application of mind to any of the pleadings available and without being specific about the date upto which party entitled to interim maintenance - Impugned order set aside - Matter remitted for reconsideration...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Plaintiffs could not produce their evidence because his brother had suffered a paralytic attack and was treated in the hospital - Defendants refused to accept the cost in view of earlier order of Court, evidence could not be recorded - Interest of justice will be met if one opportunity is..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Certified copies of judgment and order of judicial Courts having material bearing on issues involved in the appeal - No additional evidence is required to be recorded to prove additional documents, as same are certified copies of judgments passed by Judicial Courts - Application..........
Criminal Procedure Code, 1973, Section 482 -- Order passed u/s 482 Cr.P.C. - Party concerned not entitled to the order passed in its favour, which is nothing but an abuse of process of Court - It would perfectly be legal as also justified in invoking the same power u/s 482 Cr.P.C. so as to prevent such abuse and to secure the ends of justice...........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - Bar u/s 362 Cr.P.C is not absolute and in any case, does not apply in case of recall of order...........
