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..........
Criminal Procedure Code, 1973, Section 482, 362 -- FIR quashed by High Court - Recall of order - Only clerical or arithmetical errors can be corrected - Court has no power to recall earlier order passed after contest and that too suo moto...........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Further investigation - Denial of - Investigation of case is still in progress - Documents are restricted to only S.207 Cr.P.C - On receipt of such documents if so advised, petitioner would be at liberty to take out an application u/s 173(8) Cr.P.C, which is in seisin of..........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application by holding that matter has to be decided by formulation of an issue and appreciation of evidence - - Order does not fall within ambit of a `case decided' or an `issue decided' - No interference warranted in revision against such an order...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Ex parte order granting maintenance to widowed daughter-in-law - Notice was sent to father-in-law initially by ordinary post and thereafter by registered post - Service was presumed to have been effected upon father-in-law as per endorsement of postman on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Imposition of onerous conditions to deposit cash of Rs.20 lakhs and providing security of immovable property to the tune of Rs.20 lakhs, for grant of bail tantamount to denial of bail..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Composite sentence of civil imprisonment for a period of 12 months - Court cannot impose composite civil imprisonment in case of default in payment of maintenance arrears/allowances for a period of more than one month in a single stroke - Impugned order held, set aside...........
Civil Procedure Code, 1908, Section 79, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of S.79 CPC - Defendant ought to have been named as Union of India in suit - These errors or mistakes committed in drafting of plaint could have very well be remedied by trial Court in exercise of powers U.O.1.R.10 CPC or U.O.6.R.17 CPC - Order rejecting plaint held, not proper..........
