Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on printed proforma by filing up blanks without application of judicial mind - Direction issued to Registrar General to issue a circular/memorandum in accordance with law to all District Judges in State of UP intimating them to inform all judicial Officers not to use `Printed..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Proforma defendant - Opportunity to lead evidence after contesting defendant concludes his evidence - Not permissible - In such a situation contesting defendant will not get an opportunity to lead counter evidence...........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on a printed proforma by filling the blanks without application of judicial mind - Not sustainable in the eyes of law...........
Criminal Procedure Code, 1973, Section 107, 116, 111 -- Notice u/ss 107, 116, 111 Cr.P.C - Notice issued by SDM mechanically in printed proforma - Information received not given - Notice is vague, which does not fulfill the requirement of S.111 Cr.P.C. - Notice quashed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs may have an arguable case in their favour but balance of convenience is certainly not in their favour - They also failed to show that they would suffer irreparable loss and injury in case of refusal of grant of temporary injunction - Moreover, plaintiffs concealed the fact that they along..........
Criminal Procedure Code, 1973, Section 190(1), 173, 482 -- Cognizance of offence - Quashing of order taking cognizance - Summoning of accused by Magistrate on printed proforma without assigning any reason and taking cognizance on police report filed u/s 173 Cr.P.C is objectionable and deserves to be deprecated - Order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 107 -- Notice u/s 107 Cr.P.C - Issued on a printed proforma - Notice issued without any application of mind and does not confirm to statutory provisions as either clearly disclosing the material indicating satisfaction of Magistrate or accompanied by police report and other material being relied upon by Magistrate at the time of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Adjudication of cases - Considering that misuse of cheques causing frivolous litigation and large number of such cases pending before Courts - Supreme Courts has issued direction to RBI to create new proforma that will include `purpose of payment' alongwith other information - Supreme Court also..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused on a printed proforma by filling up the blanks - Summoning order on printed proforma by filing up blanks without application of judicial mind is objectionable and deserves to be deprecated - Summoning of accused in a criminal case is a serious matter and order must reflect that..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as proforma respondent in first appeal - Petitioners were neither party in main civil suit nor they moved an application for being impleaded as a party therein - Names of petitioners were not recorded in column of possession in Jamabandi since 1951-52 - Moreover, petitioners already filed a suit in which relief is..........
