Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court in exercise of its inherent powers u/s 482 Cr.P.C is obliged to make a just and equitable choice and cannot go beyond its ambit to evaluate the truthfulness of allegations or veracity of defence, however convincing it might seem...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Neither complainant nor his counsel appeared before trial Court on six consecutive dates - Repeated absence of complainant, failure to avail statutory remedy and unexplained delay together do not present a case of procedural..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Revision not maintainable against an order of acquittal in a complaint case - Proper remedy is to file appeal u/s 378(4) Cr.P.C subject to grant of special leave by High Court - Revision petition rightly dismissed being not..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9(m), 10, 11(iii), 12 -- Bail - Sexual assault - Allegation made in FIR and from statement of survivor herself shows that allegations are serious in nature - Case against accused persons is under trial - There are 7 PWs to be examined - Survivor being one of..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Suit for specific performance - Issue as to whether plaintiffs are entitled for possession of subject matter of agreement without partition amongst other brothers and mother of petitioner, is a mixed question of law and fact - Unless plaintiffs proves readiness and willingness, no decree for..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Employed wife - Wife's employment does not automatically disqualify her from getting interim maintenance - Maintenance awarded to wife is not a bounty and therefore, unless it is established before Family Court with cogent evidence that wife has sufficient income to maintain herself, prayer for interim..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, 10 -- Rejection of plaint - Application partly allowed and plaint ordered to be returned - Plaint was reinstituted with the same facts and no new facts were introduced - An application u/s 151 CPC was filed for taking and admitting the same plaint alongwith certain invoices, bills, vouchers etc. showing conferring..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For entertaining a plaint and for rejection of a plaint, contents of averments made/pleaded in plaint are required to be seen and if no cause of action has arisen, then suit can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, Court's focus is mainly on contents of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Once a plaint is returned to plaintiff, same should not be entertained on basis of same averments made earlier in same plaint...........
