Indian Penal Code, 1860, Section 420, 418, 406, 408, 409, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Respondent in his own statement acknowledges the possibility that he had received money from A-1 which the latter has also alluded to, there prima facie appears to be a connection - It was on A-1's recommendation that..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Report of second Court Commissioner - Application for appointment of second Court Commissioner filed by defendant was allowed and opinion was given in favour of defendant - Plaintiff filed statement of objections and sought for permission to cross-examine expert - However, plaintiffs did not pay requisite Court fee to..........
Civil Procedure Code, 1908, Section 151 -- Correction of appellate decree - Clerical mistake - Mistake in the decree corrected vide impugned order is a clerical mistake - There is no imposing a new or additional liability on the petitioner by correction in the decree - Decree is drawn in terms of judgment, operative part - Appeal of appellant was dismissed with costs, so..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Burden is on DH to satisfy Court that JD despite having means to pay decreetal amount has failed to discharge liability under decree for Court to order for civil imprisonment - Order of civil imprisonment for not satisfying decree should be the last resort, as the same..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - No sufficient grounds or reasons have been made out by plaintiffs while seeking permission to withdraw the suit and to file a suit afresh on the same cause of action - Order allowing withdrawal of suit with liberty to file afresh suit, set aside...........
Civil Procedure Code, 1908, Order 20, Rule 12(1)(c) -- Future mesne profits - Eviction decree - Order as to inquiry into future mesne profits from the date of suit till delivery of vacant peaceful possession modified to inquiry into future mesne profits from date of decree of eviction till delivery of vacant possession as relationship of landlord and tenant comes to an end..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A, 4 -- Late production of documents - Documents sought to be produced contrary to pleadings - Documents sought to be filed not filed alongwith written statement and failure to satisfactorily account for not pleading them or filing them as required under law - Allowing said documents on record would certainly cause..........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Recording of statement of fingerprint and handwriting expert - Order was passed in an application for taking specimen handwriting of defendant no.2, that same would be taken up at the time of evidence of plaintiff - However, evidence of plaintiff had been closed and in..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Third party objections - Impugned order of rejection of application by Trial Court would disclose that no trial was conducted, no evidence was let in and no opportunity was given to petitioners to adduce evidence - Appendix of evidence was recorded as nil - Impugned order set aside - Matter remanded to trial..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Single Judge while quashing proceedings u/s 420 IPC gave no reasons as to why material collected by investigating agency which has been placed before Single Judge was not sufficient to constitute an offence punishable u/s 420 IPC - Single Judge thus, acted in a..........
