Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of process of law - Complaint and order taking cognizance quashed...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Moulding of relief in the case is to shorten litigation and not subject the plaint Schedule to vagaries of certain and uncertain documents - Scrutiny on moulding of relief by appellate Court tests the exercise of discretion by trial Court - No interference warranted in impugned judgments...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection by JD - Compromise decree - JD directed to execute the sale deeds in favour of DH in view of compromise decree - Admissions made by JD would prove that lands in question is available and same were not registered in favour of DH - JD had not filed any documents to show that part of land was sold to third..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents in question were in the knowledge of petitioner and have also been mentioned in the plaint - Therefore, contention of petitioner that documents were not tendered due to inadvertent mistake of his counsel rejected - It is only at the stage of rebuttal evidence and arguments that petitioner had filed..........
Civil Procedure Code, 1908, Section 151 -- Recall of PW2 for cross examination - There was no representation on behalf of defendant as such his right to cross examine PW2 was forfeited - Defendant was suffering from ill health - Medical documents show that defendant was suffering with prostatomegaly and umbilical hernia - Application allowed...........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of disputed signatures on Will - Plaintiff wants to disprove the Will which is filed at the end of trial by defendant - He reserve his right to produce documents which were subsequently produced - Since plaintiff disputes very execution of Will and in order to disprove the same, he filed an application to send..........
Criminal Procedure Code, 1973, Section 195 -- Forgery of documents in custody of Court - Proceedings u/s 195 Cr.P.C. are to be resorted to by Court where forgery has been committed - However, when forgery of documents is committed outside Court but documents thereafter are produced in Court, an FIR/complaint at the instance of a private individual is maintainable...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 12 -- Plea of juvenility - Determination of age - JJB held accused below the age of 18 years at the time of incident on the basis of date of birth provided in school records - Petitioner alleged that three different date of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 12 -- Plea of juvenility - Determination of age - School records - Mere presence of alternative dates in other documents does not by itself invalidate the school records, unless proven to be forged...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While determining an application filed U.O.7.R.11 CPC, Court should restrict itself to the plaint and should not go into the detail facts as provided under the written statement or even in the application filed for rejection of plaint - While scrutinizing the averments in the plaint, Court can read..........
