Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, appearance of complainant - As per evidence on record, complainant was absent and his counsel applied for leave and sought for an adjournment which was rejected by Court below as there was a specific direction to produce..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 471, 120B -- Bank loan - Non payment - Offence u/ss 420, 471, 120-B IPC - Dispute between bank and accused brought to an end by making payment to Bank - Held, criminal proceedings not to be quashed even ifaccused repaid the loan amount, as it is a grave criminal offence that has the..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte proceedings - Setting aside - Case fixed for appearance of other defendant and filing his written statement - Defendant proceeded ex parte is not even required to file any application U.O.9.R.7 CPC - Defendant proceeded ex parte can appear on next date of hearing and can file his written statement - Court below..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of immovable property - Complete details given in plaint - However, earlier incorrect measurement was given on basis of report prepared by Draftsman but during trial stage itself, application bearing correct dimensions of site plan filed - Dismissal of application - Order set aside - Application filed by petitioner..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Recovery of unsecured loan - Leave to defend - Defence disclosed by defendant is riddled with serious contradictions and does not inspire confidence - Infact, sham and illusionary defence is set up by defendant - Being an unsecured loan, it was expected that rate of interest would be much higher as risk..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Recovery of unsecured loan - Plaintiff filed suit on the basis of promissory notes as well as dishonoured cheques admittedly issued by defendant - Defence set up by defendant stands rejected - Admittedly defendant had received an amount of Rs.2.2 crores from plaintiff and failed to establish that said amount..........
Civil Procedure Code, 1908, Order 10, Rule 1 -- Admission or denial of documents - After completion of pleadings by way of filing plaint and written statement, Court is under legal obligation to call parties to admit or deny documents - Impugned order dismissing application, set aside with a direction to proceed further on the basis of pleadings as per provisions of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Exoneration in adjudication proceedings - Not on merits or that accused was completely innocent - Order of quashing proceedings by High Court, set aside...........
Criminal Procedure Code, 1973, Section 299 -- Recording of evidence in absence of accused - Offence u/ss 341, 323, 34 IPC - Conditions as prescribed u/s 299(1) Cr.P.C. is not attracted in the case to record the deposition of PWs - Examination-in-chief of PWs recorded by Court below in the absence of petitioner cannot be given in evidence against him - Admittedly no..........
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Arbitration and Conciliation Act, 1996, Section 8 -- Return/rejection of plaint - Existence of arbitration agreement - Court below returned the plaint on the ground of existence of arbitration agreement ignoring the fact that defendant no.2 has no binding agreement with plaintiffs containing arbitration clause enforceable..........
