Criminal Procedure Code, 1973, Section 482 -- Application seeking direction to Special Judge to expedite and conclude trial - Application by third party - Locus standi - Respondent being third party to proceedings has no locus to file an application u/s 482 Cr.P.C asking Court to expedite hearing in criminal trial - Application dismissed being not maintainable...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defendant has full notice of suit and application U.O.15.R.5 CPC - But he chose to adopt a course to file objection and not to make good the default - Since defendant is found to have committed default, he stands exposed to consequences of O.15.R.5 CPC - Defence of defendant rightly struck off...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Application by accused u/s 145(2) of the Act was dismissed - On perusal of record, it is noticed that trial Court has ventured in discussing merits of case on basis of plea taken by accused in application, despite fact that there was no occasion to discuss same at this stage that too in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Accused is a student and was helping his father in his family business and also he was pursuing his study, he was not at home and therefore, he could not be served and further that summons issued to him have not been received by him and anyone else in his family and neither he had..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Maintainability - After provisions of RERA Act came into force - Where proceedings under the Act are initiated after provisions of RERA Act came into force, there is nothing in RERA Act which bars such initiation - Choice or discretion is given to allottee whether he wishes to initiate appropriate..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - There is no requirement under law to file questionnaire along with application for recalling witness...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Permission for withdrawal of petition for recording of compromise - Compromise arrived at between parties - Accused discharged his liability by paying cheque amount - However, after filing petition for recording compromise, complainant refused to appear before Court - Since complainant had..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for further cross-examination - Prosecution was permitted to produce and prove relevant record sought earlier by filing application u/s 311 Cr.P.C. - However, no witness was recalled or examined for purpose of proving additional record - Accused thus, compelled to file present application for purpose of..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to file suit u/s 92 CPC - Defendants admitted execution of trust deed - Contention of defendants that they are using property for their own use and some shops have been let out and their names are recorded in Nagar Palika record does not confer any right or title on them - At the stage of grant of leave, prima..........
