Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of plaintiff - Sufficient opportunities granted to plaintiff to complete his evidence - Earlier also evidence of plaintiff was closed, as he had not led evidence within time - Despite having been granted 3 opportunities by Court, plaintiff still failed to complete his evidence within time - However,..........
Criminal Procedure Code, 1973, Section 311, Prevention of Corruption Act, 1988, Section 19 -- Further cross examination - Variation between transcription and original audio cassette - Came to the knowledge of petitioner when audio cassette was played in Court for the first time - Further cross examination of PW1 sought as to how competent authority granted sanction without..........
Indian Penal Code, 1860, Section 323, 504, Criminal Procedure Code, 1973, Section 2(d) -- Offence u/ss 323, 504 IPC - Offences are bailable and non cognizable - Procedure of complaint case to be adopted - Order taking cognizance and summoning order quashed...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Where Lower Appellate Court was not satisfied with findings returned by trial Court then it has always jurisdiction to reappraise the same and record its own finding - All the issues and grounds taken by Lower Appellate Court to justify its order of remand does not sound to reason - Lower Appellate..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of suit - Death of one of plaintiffs - Non-substitution of LRs of deceased plaintiff - Suit was filed by three plaintiffs seeking cancellation of Will - One of plaintiff died and even if LRs of said plaintiff are not taken on record, suit as a whole cannot abate - More so, if abatement takes place qua deceased..........
Criminal Procedure Code, 1973, Section 154, 300 -- Two FIRs - Sale of land on the basis of forged general power of attorney - Substratum of two FIR's common - Mere addition of Ss.467, 468 and 471 in the subsequent FIR cannot be considered as different ingredients to justify latter FIR as being based on different materials, allegations and grounds - Acquittal in earlier FIR..........
Civil Procedure Code, 1908, Order 21, Rule 58(5) -- Execution - Objections - Claim or objection U.O.21.R.58 CPC - Court refused to entertain it - Party against whom such order is made, may institute a suit to establish right in the property in dispute...........
Civil Procedure Code, 1908, Section 105 -- Appeal - Striking of defence - Defendant was denied opportunity to challenge order striking of defence - Plaintiff therefore cannot be heard to contend that said order become final due to no, challenge of same by defendant - Since order and judgment under challenge were passed on same day, aggrieved party is also empowered u/s 105..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Equitable relief cannot be refused on the ground of delay as cause of action arose on 24.07.2019 and suit filed on 14.08.2019 - Manner in which prayer for ex parte ad interim order injunction is refused not approved - Impugned order set aside - Trial Court directed to prepone next date, if..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint u/s 138 NI Act and FIR u/s 174-A IPC - Offence by company - Accused shown bonafide cause for non-appearance before trial Court - Service not effected at ordinary place of residence of accused and they were not aware of said fact..........
