Criminal Procedure Code, 1973, Section 216 -- Framing of additional charge u/s 406 IPC - Informant filed an application for addition of charge u/s 406 IPC, as there were allegations against husband about criminal breach of trust as far as stridhan is concerned - Magistrate allowed the application against husband and mother-i, law after considering the material and..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence set up by defendant completely frivolous and moonshine as he does not raise any triable issue - Promissory note relied upon by plaintiff may not meet the requirement of a promissory note as defined in S.4 of Negotiable Instruments Act - However, same is undoubtedly an..........
Criminal Procedure Code, 1973, Section 256, Indian Penal Code, 1860, Section 382, 427, 367, 120B -- Dismissal of case on account of no, prosecution - Offence u/ss 382, 427, 367, 120-B IPC - Case was pending since long due to no, appointment of Addl. P.P. - However, case was dismissed on account of no, prosecution on the very next date of reporting of Addl.P.P - There were..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Death of plaintiff - One of the sons of plaintiff already substituted on the basis of Will - Petitioner is another son of plaintiff, who is seeking impleadment on the ground that property is ancestral property and he is a co-owner - Will in question has not been set aside till date -..........
Civil Procedure Code, 1908, Order 41, Rule 1, 22 -- Appeal - Non consideration of cross objections while deciding appeal - First Appellate Court manifestly erred in not considering cross objections - It is a serious error, which may cause serious prejudice to legal rights of defendants - Impugned judgment set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 21, Rule 86 -- Auction sale - Default in payment of auction money - Forfeiture - One time settlement executed between parties - Sale by way of auction in favour of auction purchaser set aside and fresh proclamation was ordered - Subsequent auction purchaser already deposited the amount - Forfeiture of 1/4th of entire amount of auction..........
Civil Procedure Code, 1908, Order 37, Rule 2(3) -- Summary suit - Non-appearance of defendant despite service of summons - All the allegations made in the plaint deemed to be admitted - Plaintiff is entitled to a decree - Case cannot be set up for evidence as averments made in the plaint are deemed to be admitted...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Non-framing of point of determination - No reason given while dismissing appeal or why such judgment was passed without framing point of determination or without deciding main point to be determined on point of identifiability of disputed property - Non speaking order - Such order cannot be accepted as a..........
Indian Penal Code, 1860, Section 454, 380, 75 -- Offence u/ss 454, 380, 75 IPC - Accused questioned by Magistrate on the same day on which he furnished the documents u/s 207 Cr.P.C. to accused - Accused also deprived of engaging a counsel of his choice - More so, Magistrate neither followed the procedure of summary trial nor procedure of summons case or procedure of trial..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of cause of action - Where two transactions are separate in point of time and also involve different set of persons, proof of exercise of misrepresentation, coercion and undue influence, or the like, in respect of one transaction would not establish the existence of same circumstances/facts in relation to other..........
