Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 9 -- Legal representatives - Substitution of L.R's without proposed legal representative being properly served and without affording them an opportunity of being heard - Impugned order set aside...........
Civil Procedure Code, 1908, Order 15A -- Non-payment of arrears of rent - Striking off defence - Defendant contended that plaintiff did not receive the amounts - However, if it was really true, nothing prevented defendant for making deposit of amount of Rs.2,88,000 in Court itself and then informing counsel for plaintiff of the same - No evidence on record of payments of..........
Civil Procedure Code, 1908, Order 26, Rule 13 -- Appointment of Commissioner - Partition suit - Preliminary decree - Earlier application for appointment of Commissioner was not pressed and on same day present application filed for praying for appointment of Commissioner to carve out share of DH in house property and movable property - Explanation given by DH that earlier..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Commercial dispute - Defendant filed its written statement within 120 days of receipt of summons - He cannot be prohibited from filing counter claim only because it failed to raise same in written statement - Defendant thus, entitled to raise its counter claim only in respect of cause of action limited by..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Petitioners remained unsuccessful in an application U.O.1.R.10 CPC - Once order rejecting application U.O.1.R.10 CPC is accepted by petitioners they cannot resist execution in question in any manner...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Quashing of summoning order - Death by medical negligence - - Quashing of summoning orders - There is a pre-condition for seeking an opinion from a doctor in Government Service qualified in branch concerned before proceeding in a complaint case and that condition has not been satisfied in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499 -- Quashing of complaint and summoning order - Offence u/s 499 IPC - Trial Court initially proceeded with a case presuming the same to be a warrants case - However, once said error came to notice of the Court, it has rectified the same by passing order and by ordering that notice of accusation..........
Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 357(2), 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Appellate Court can order to deposit such sum pending appeal which shall be a minimum of 20% of the fine or compensation awarded by the trial Court irrespective of the provision of S.357(2) Cr.P.C. as..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment - In revision filed u/art.227 of Constitution, High Court would not interfere with order passed by trial Court either appointing or refusing to appoint a local commissioner - However, if there is no option left but to appoint a local commissioner to determine correctness or otherwise of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent..........
