Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - When there is no illegality or error in judgment and order passed by appellate Court by which judgment of trial Court has been confirmed, it does not vitiate merely because points of determination have not been stated though it has disclosed issues considered by it...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Court granted 22 opportunities to plaintiff to lead evidence and out of which on three occasions plaintiff was present - Though apparently, there is no justification forthcoming for not leading evidence for over three years, however, looking to nature and manner in which trial Court has..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Possession of leased premises handed over to plaintiff in view of subsequent development - Default if any stands purged, as possession has been already handed over - Suit is now only for recovery of amount of lease money - O.15.R.5 CPC is not longer applicable - Order of striking of defence set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Money suit - Trial Court allowed application filed by plaintiff U.O.26.R.10-A CPC to examine signature of defendant by handwriting expert - Defendant did not challenge said order - Since defendant did not challenge said order before any superior Court, she cannot raise plea at the time of second appeal as a matter..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea that plaintiff will not suffer any prejudice - Plaintiff has already led his evidence - Plaintiff is likely to suffer prejudice - Order dismissing application, upheld...........
Criminal Procedure Code, 1973, Section 245 -- Discharge - If evidence adduced by complainant at the stage of S.244 Cr.P.C, if un-rebutted, prima facie discloses ingredients of offences alleged against accused, no order of discharge can be passed u/s 245(1) Cr.P.C and Magistrate would be required to frame charge against accused u/s 246 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Neither chief examination nor cross examination of witnesses recorded - Summoning of additional accused only on the basis of putting two questions to the witnesses - Summoning of additional accused only on the basis of oral submission of witnesses - Not permissible - Order is totally based on..........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - Mere order deciding matter not supported by evidence is no judgment at all...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complaint dismissed by Magistrate by invoking S.256 Cr.P.C and not on merits - One more opportunity is thus, given to complainant to proceed with the case - Order of dismissal of complaint set..........
Criminal Procedure Code, 1973, Section 372, 2(wa) -- Appeal against acquittal - By father of victim - Not maintainable - As regarding impleadment application filed on behalf of victim, same is also not in order, as it is not supported by affidavit of victim nor any reason has been given in this regard - Even, she has not engaged counsel for filing appeal as there is no..........
