Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 3A -- Rejection of plaint - Suit for specific performance - One suit against 11 defendants with whom plaintiff entered into separate agreement to sell with each land owner - In a suit for specific performance of contract, there cannot be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Matter was already at the stage of cross-examination of complainant - Necessary affidavit was produced on record - Documents were exhibited and part of cross-examination was taken - Trial Court rather than dismissing..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Non-framing of an issue - Suit dismissed without framing an issue that suit is bad for non-joinder of necessary party - Framing of issues is an important stage at which scope of trial is determined - Since no issue is framed, it is thus, proper to give an opportunity to plaintiff to implead said necessary party -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Disputed questions of fact arising in the case - Court cannot pre-conclude either guilt or innocence, without testing facts through trial - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Complaint decided on the basis of evidence recorded by predecessor Magistrate wherein entire memorandum of evidence of witnesses was recorded and not the substance of evidence - However, there was no order that matter would be tried as a summons case or as a regular trial - Does not vitiate the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201 -- Second bail application - Cheating - Accused placed on record zimini orders passed after dismissal of earlier bail application which are about 23 in number whereby trial Court repeatedly adjourned the case - Delay has been caused at the hands of prosecution - It is not a..........
Criminal Procedure Code, 1973, Section 319 -- Summons - Section 319 of Cr.P.C. indicates that the power bestowed on the court to summon any person who is not an accused in the case when in the course of the trial it appears from the evidence that such person has a role in committing the offense - Therefore, it would be open for the Court to summon such a person so that he..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - There is cloud over sources of income of husband and sources of income of wife - Truth regarding their sources of income is required to be ascertained to determine quantum of maintenance - Court below while determining maintenance has not followed the directions as contained in Rajnesh V Neha Case..........
Civil Procedure Code, 1908, Order 33, Rule 5 -- Permission to sue as indigent person - Plaint not disclosing any cause of action and suit barred by res judicata - Trial Court rightly rejected application...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - In matrimonial cases statement of parties to marriage is sufficient as they are potential witnesses - Observation of trial Court that husband did not examine any independent witness is fallacious...........
