Lok Adalat -- Reference of case to Lok Adalat - Civil Court before which case is pending has to give reasonable opportunity of hearing to both parties before making reference - Case referred to Lok Adalat on basis of application made therefor by only one of parties, without hearing other party which is not agreeable to reference, is bad in law and reference so made in..........
Criminal Procedure Code, 1973, Section 389 -- Penal Code, 1860, Section 302/149 - Suspension of sentence - Appeal filed by the appellant in the High Court in the year 1997 against conviction u/S.302 with the help of Section 149 IPC and application for suspension of sentence not granted - Application filed in the year 2001 praying suspension of sentence again rejected -..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151, Order 33, Rule 3 -- Interim maintenance - Permission to sue as an indigent person pending - Interim maintenance can be granted during pendency of application seeking permission to sue as an indigent person...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Will - Forgery - Civil suit regarding genuineness or otherwise of Will pending - Custodial interrogation will not serve any purpose - Anticipatory bail allowed...........
Civil Procedure Code, 1908, Section 34 -- Interest - Commercial transaction - Court is empowered to award contractual rate of interest for the period during which suit was pending till the payment of the deceetal amount - While awarding interest more than 6% Court must have regard to the object sought to be served by the loan transaction and the condition of the business..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Additional evidence - Application filed at appellate stage to receive in evidence copy of revocation deed dated 2.9.1996 - This document was not filed although the matter was pending before the District Forum till 13.2.1998 - The reasons assigned for not filing document early found not convincing - The application to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiting period of six months - Can be brought down in cases where divorce petition is already pending for more than six months and effort for reconciliation had been made earlier but without any success...........
Civil Procedure Code, 1908, Order 18, Rule 17-A, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence - Sought at stage when case was pending for rebuttal and arguments - Additional evidence for appointment of local commissioner to inspect the spot and report regarding the field through which the underground pipes are passing - Cannot be believed that laying..........
Criminal Procedure Code, 1973, Section 311, 399, 482 -- Recall of three prosecution witness for further cross examination - Application filed after 25 witnesses had been examined and trial was at concluding stage - Application rightly held to be delaying tactics in trial pending for last 20 years - Revision against that order rightly rejected by Sessions Judge - No grave..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Temporary injunction - Action for passing of and infringement of trade mark - Both appellant and respondent carrying on similar business of plywood and wood products - Both using 'UNIPLY' and 'UNIBOARD' as trade marks - Both filing separate suits and seeking temporary injunction - Both applying for..........
