Criminal Procedure Code, 1973, Section 125 -- Maintenance - Default in payment - Directions issued to all Magistrates/Family Courts across the State of Rajasthan seized of applications u/s 125 Cr.P.C that: (i) after passing of order, Court shall facilitate claimant to move an application for recovery of maintenance amount on the same day when application is decided; (ii)..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Commercial suit - Written statement not filed within prescribed period - Written statement filed after ex parte order was set aside - Application filed by plaintiff to strike off defence decided subsequently - There is no provision that written statement, if already filed, must be struck off from the record..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........
Criminal Procedure Code, 1973, Section 482, 209, 465, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1) -- Quashing of criminal proceedings - Application for - Allegations of illegal export of iron ore - Appellant challenging order of cognizance of offence under MMDR Act after lapse of 2 years without giving reason to explain inordinate delay..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Delay of 9 years in seeking amendment - Amendment sought was available to defendant at the time of cross examination of PWs 1 & 2 but at that time no question was put to the witnesses - Moreover specific averment in plaint was stated in written statement as not admitted and that it is for..........
Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 CPC - Order passed on an application u/s 92 CPC is not required to be a speaking order though it should disclose application of mind...........
Civil Procedure Code, 1908, Section 92, 115 -- Grant of leave to file suit u/s 92 CPC - Revision - Maintainability - Order granting leave u/s 92 CPC does not decide any rights of parties and is made at the stage before suit comes into being - It is thus, open to petitioner to apply for revocation of leave of Court as granted by impugned order - But revision against such..........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Condonation of delay - Dismissal of application by first appellate Court - Second appeal filed against such order and not against order dismissing first appeal - Order dismissing application for condonation of delay is not a decree and in the true sense it is only a formal order - Second appeal..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application of accused for striking off evidence has been dismissed - Quashing of order - If complainant is not allowed to file detailed affidavit, then the purpose and purport of provisions contained in NI Act would be rendered to be a nullity and the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay order - Single judge while granting stay order neither discussed existence of a prima facie case in favour of petitioner, nor discussed balance of convenience, nor discussed irreparable loss that would be caused to petitioner in case stay was not granted by Court - Impugned order is a non-speaking order - Impugned..........
