Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue regarding limitation is a mixed question of fact and law, which can be decided by Trial Court after framing issues and taking evidence of both parties - Plaint cannot be rejected on point of limitation - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151 -- Re-opening of evidence - Evidence of defendants was closed, as defendants did not want to produce evidence - Grounds taken by defendants with regard to no, appearance was not supported by any material evidence - Defendants filed the application for reopening of evidence after final arguments were heard, though not completed -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Four opportunities granted but accused neither taken any steps nor produced evidence in defence - However, to meet the interest of justice and to give a chance of a fair trial to the parties, one opportunity is granted to lead defence evidence subject to cost of..........
Indian Penal Code, 1860, Section 489C -- Fake currency notes - Accused was in possession of 4 bundles containing 100 numbers of currency notes of Rs.1000 each amounting to 4 lakhs suspected to be fake and recovered from carry bag carried by accused - Though there are some discrepancies between evidence of PW1 in Court and FIR with regard to number of fake currency notes..........
Indian Penal Code, 1860, Section 302, 323, 448, 148, 149 -- Offence u/ss 302, 323, 448, 148, 149 IPC - Conviction u/ss 138, 304(Part II)/149, 323/149 and 448 IPC - There was sudden and free fight where accused as well as complainant party inflicted injuries to each other - Each of accused is responsible for his individual act - Trial Court erred in convicting accused u/s..........
Indian Penal Code, 1860, Section 302, 323, 448, 148, 149 -- Offence u/ss 302, 323, 448, 148, 149 IPC - Conviction u/ss 138, 304(Part II)/149, 323/149 and 448 IPC - One injury on head with a blunt weapon - This shows that accused has no intention to commit murder of deceased but had knowledge that injury inflicted by him on head could cause his death - Since, there is only..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 498-A, 406, 34 IPC - Offences in question are not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of proceedings will not only..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Criminal Procedure Code, 1973, Section 357A, 357 -- Victim compensation scheme - Where compensation awarded u/s 357 Cr.P.C is not adequate, then Court has power to recommend for additional compensation to victim - However, Trial Court/Special Court has to recommend State or District Legal Services Authority to decide and award compensation in accordance with relevant rules..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband from various sources as pleaded was not established by any cogent evidence on record - Wife has no adequate source of income and she has to travel from UP to Kota for attending each date of hearing - Order of trial Court directing husband to pay Rs.4000 pm towards maintenance pendente..........
