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..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file afresh - Power to allow withdrawal of suit is discretionary - Trial Court has allowed the same on being satisfied about existence of a formal defect or sufficient ground - No interference warranted on impugned order of allowing withdrawal of suit with liberty to file afresh...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Jurisdiction - Court while deciding application U.O.7.R.11 CPC not to make any observation on merits of case - In the instant case order as to return of plaint upheld but observation of Court with regard to contents of agreement/sale deed shall be considered to be obiter and not to be taken into..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - But complainant has got an explanation that document was given by him to his advocate and it got misplaced in another case bundle -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine himself as his own witness after defence evidence was closed - There is no bar to examination of accused as his own witness in disproof of charge against him before judgment - Complainant will not suffer any prejudice as..........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court in exercise of its revisional powers may call for record of any case decided by any subordinate Court to it, if such subordinate Court appears to have exercised jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegal or with..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Issues - Issue framed despite the fact that no such averment was made in the written statement - Said issue was rightly deleted by trial Court and a new issue was framed - No interference warranted in impugned order...........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 319, 173 -- Attempt to murder - Summoning of petitioner to appear before Court as accused - Revision petition - Contention of petitioner that supplementary report u/s.173(8) Cr.P.C. has not been submitted and so order of summons being premature - Complainant shot by..........
