Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Appellate Court duly considered the overall facts and circumstance of case as well as duly appreciated the evidence and material available on record of the case - No grounds made out to warrant any interference in order of acquittal passed by..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of two suits - Parties to both the suits are distinctly different - Cause of action and relief claimed in both the suits are also different - Plaintiffs in both the suits are asserting their possession to suit property but with reference to different transactions and different points of time - Common evidence cannot..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for partition - There is no community of interest between various co-owners - In a suit for partition, every party, be it plaintiff or defendant, has his own interest to secure - Order permitting plaintiff to give notice via publication in accordance with O.1.R.8 CPC set aside - Trial Court to order..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Allowing father of husband to represent husband being his power of attorney holder - Wife having no objection if father of husband is allowed to participate in the proceedings - Order refusing father to participate in the proceedings set aside...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Grant of 26 days period to appear from the date of proclamation actually effected - Clear period of 30 days not afforded - Order of proclamation set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Dispute is between plaintiffs and official defendants wherein action of defendants is under challenge - Respondent in said dispute is neither a necessary nor a proper party - Order allowing impleadment of respondent as one of defendants set aside...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of six months waiting period - Parties filed affidavit of living separately since July, 2018 - Their application cannot be rejected on the ground that it is not supported by any documentary evidence - Impugned order set aside - Waiting period of six months waived...........
Constitution of India, 1950, Article 227, Consumer Protection Act, 2019, Section 58(1)(a)(iii) -- Writ petition - Maintainability - Writ petition u/art 227 of Constitution is maintainable against an order passed by National Commission in an appeal, as National Commission can be said to be a Tribunal within meaning of Art.227 of Constitution...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Order of granting bail is susceptible to interference when bail is granted without proper application of mind or in contravention of directions issued by Supreme Court...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Considerations that weigh with Appellate Court when called upon to examine the correctness of an order granting bail is not on the same footing when it comes to examining an application moved for cancellation of bail - Yardstick for testing correctness of an order granting bail is whether Court below has exercised its..........
