Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Order rejecting application for exemption from personal appearance does not disclose reason or insisting physical presence of petitioners for which privilege of S.205 Cr.P.C could not be extended - Parties are related to each other and their requirement in day-to-day household affairs is to..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Counter claim - Apparently directed against defendants - Counter claim can be very well pursued as an independent proceeding at the instance of petitioner - Order as to exclusion of counter claim, upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Petition for quashing summoning order on the basis of some technical defect is clear cut abuse of the process of law - Petition dismissed...........
Criminal Procedure Code, 1973, Section 82, Indian Penal Code, 1860, Section 341, 323, 34 -- Proclaimed offender - Offence u/ss 341, 323, 34 IPC - Petitioner was abroad when he was summoned with the aid of S.319 Cr.P.C - It was not in the knowledge of petitioner that he was summoned by trial Court - Moreover, parties have already compromised the matter and separate petition..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police assistance to implement order - Application dismissed and stay vacated by holding that at the time of grant of ad interim injunction plaintiff failed to apprise Court with regard to filing of caveat by defendant - Impugned order set aside - Matter remitted for decision afresh...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 99, 100 -- Execution - Objection - Eviction decree - Petitioner filed a declaratory suit that he along with plaintiffs was a co-sharer of suit property - Though suit was dismissed but first appeal against the same was pending - An appeal is a continuation of suit and executing Court should have awaited the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 316 -- Quashing of order - Addition of charge u/s 316 IPC - Victim was pregnant at the time of occurrence and she was given beating with leg blows in her stomach which ultimately resulted in miscarriage - Charge u/s 316 IPC rightly added - No interference warranted in it...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Murder case - Allegations against i, laws of deceased - Deceased in her dying declaration only mentioned the name of her sister-in-law, she has not mentioned the names of others - Neither complaint nor evidence of witnesses indicates as to role played by appellants in commission of offence and..........
