Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence of defendants - Mere fact that plaintiffs not produced documents as per order of Court, that by no means extended opportunity for defendants not to lead their remaining evidence...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence of defendants - Defendants granted five effective opportunities for leading their entire evidence, including last opportunity - Earlier also evidence of defendants was closed - However, even after granted last opportunity, defendants did not produce any witnesses and again sought adjournment - Even the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant came to know about ex parte decree only after receipt of notice in Execution petition - He immediately filed application U.O.9.R.13 CPC and also filed application U.O.16.R.1(2) CPC to issue summons to Post Master concerned to attend Court and give evidence - Further proceedings in..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police aid sought within 8 to 10 days of passing of ad interim injunction - It is not the period but the circumstances which matter - Trial Court on the basis of video recordings came to conclusion that there was obstruction in breach of order of temporary injunction -..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Presumption - Conviction by trial Court - Acquittal by appellate Court - Notice issued and sent under UCP was served on accused and he has not given any reply though admitting that address mentioned in registered postal covers are correct - Even, evidence..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Trial Court while allowing application has not adverted to either facts or submission of parties to come to conclusion that there is strong prima facie case in favour of plaintiff for grant of an ad interim injunction - Order granting injunction is bereft of any reasoning and thus, set aside -..........
Criminal Procedure Code, 1973, Section 397, 311 -- Revision - Order rejecting application u/s 311 Cr.P.C - Do not decide anything finally or results into culminating main proceeding of case - Said order cannot be construed as an order which is a matter of movement or as an intermediate or quasi final order - Revision against such an order is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and order declaring accused as proclaimed offender - Petition u/s 482 Cr.P.C. by an accused who is declared proclaimed offender is not maintainable - Accused should first move the Court who had declared him a proclaimed offender and even..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Admittedly, present petitioner neither signed cheque in question nor signed nor witnessed Distributorship Agreement - Even it has not been averred that petitioner was even present at time of signing..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - From complaint and deposition of complainant factum of giving of loan stands established - Complainant proved beyond reasonable doubt that disputed cheque was issued by accused towards `legally enforceable debt..........
