Representation of the Peoples Act, 1951, Section 33(4), 100(1)(c) -- Locus standi - Election petition - Maintainability of - Returning officer, while scrutinizing the nominations, had wrongly rejected the nomination of an independent candidate - Held that wrongful rejection of the nomination of any candidate can be taken as a ground for challenging an election by the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 313, 311 -- Dishonour of cheque - Complaint - Adjournment to different dates for payment of dues of complainant - Compromise failed - Petition filed to adjourn the case for further cross examination of complainant - Trial Court ought to have given a chance for cross examination of..........
Representation of the Peoples Act, 1951, Section 116A, 33 -- Election petition - Rejection of nomination paper on the ground that it was filed after the fixed time - Held that nomination paper was filed within time and laboratory report showing Hindi word `vaidh' was originally written and word `Aa' appears to have been added subsequently to the word `vaidh' in different..........
Representation of the Peoples Act, 1951, Section 83, Civil Procedure Code, 1908, Order 7, Rule 11 -- Non disclosure of material fact - Construction of - Whole of the pleading relevant - Word to be given their ordinary meaning - Specific acts constituting corrupt practice averred in petition - Names of persons who witnessed commission of such practices also given in..........
Civil Procedure Code, 1908, Order 19, Rule 2, Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution of eviction decree - Objection petition against Decree holder - Contested petition stating that objector was not permanently residing in house in question - Permission to cross examine deponent sought - No allegation of inimical relation - Only reason given by her in..........
Civil Procedure Code, 1908 -- Order 6 ,R. 17 and ,S. 115 - Revision - Amendment of plaint - Application for - Rejection of on the ground that if the suit was filed on the date of seeking amendment the same would be time barred - If the impugned order is set aside it would not result into disposal of the suit - Revision petition held not maintainable...........
Civil Procedure Code, 1908, Order 5, Rule 15, Civil Procedure Code, 1908, Order 5, Rule 25 -- Wife of defendant seeking vacation of injunction order - Wife not a party to the proceedings and she also failed to get herself impleaded as a party - Nothing to show that she is authorised to file such a petition on behalf of her husband - She is not an aggrieved party -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Representation of People Act, 1951, Sections 82(1) and 87 - Election petition - Rejection of petition - Averments made touching the contents of respondent's application (returned candidate) filed for grant of certificate of citizenship so as to point out alleged infirmities in the application and the proceedings thereon..........
Civil Procedure Code, 1908, Section 11 -- Summary rejection of writ petition by one word `dismissed' i.e. non-speaking order - Order of High Court passed on merits after hearing parties and after filing of pleadings - Operates as res judicata - No inflexible rule that where order dismissing writ petition after hearing both parties and filing of pleadings, is non-speaking,..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution for sale of property attached before judgment - Specific boundaries of property given by which property can be identified - Rejection of execution petition on the ground that door number given in attachment list and in execution petition differ - Not legal...........
