Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint on ground of non service of statutory notice - As per complainant address of accused is correct and that they have received notice sent to them in other cases - Magistrate ought not to have dismissed complaints at threshold - It could have been decided after recording evidence as..........
Clean hands -- Suppression of material facts - Non disclosure of filing of suit and its dismissal and also dismissal of appeal - Appellants have to be non suited on the ground of suppression of material facts - They have not come to Court with clean hands and they have also abused the process of law - They are not entitled for the extraordinary, equitable and..........
Clean hands -- Writ petition - Exercising of writ jurisdiction is extraordinary, equitable and discretionary - It is imperative that person approaching writ court must come with clean hands and put forward all facts before Court without concealing or suppressing anything - Non disclosing of filing of Civil Suit, its dismissal by Civil Court and confirmation of said..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii), 2(1)(o) -- Consumer - Medical Officer employed in hospital rendering service on behalf of hospital, free of charge - Such service cannot be treated as service for the reason that it has been rendered by medical officer in hospital who receives salary for the employment in the hospital - Such service is outside the purview..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of main appeal without deciding application for additional evidence would result in miscarriage of justice...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Divorce by mutual consent - Amount paid in such proceedings was also towards maintenance of child - After matter is compromised and affidavits/documents in support of compromise are submitted then it would not lie in the mouth of any of the parties to backtrack from the same, moreso, after having..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for non-prosecution - As per complainant, amount involved in the case is huge and complainant has good case on merits - Complainant submits that if complaint is not restored, complainant will be put to immense hardship and the same will lead to miscarriage of justice - Order of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Commercial suit - Written statement not filed within prescribed period - Written statement filed after ex parte order was set aside - Application filed by plaintiff to strike off defence decided subsequently - There is no provision that written statement, if already filed, must be struck off from the record..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........
Service -- Dismissal - Theft of non-judicial stamp papers - Dispensing with enquiry - Dismissal order does not indicate any reason for dispensing with inquiry - When the Rules applicable mandates recording of reasons, very order should disclose the reasons for dispensing with the inquiry - There appears no valid reason to dispense with inquiry and to invoke R.161 of Rules..........
