Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Provision of O.8.R.1 CPC ordinarily ought to be adhered to - Court should not be too harsh to strike of the defence of defendant at very early stage - It is thus, deemed appropriate to grant one more opportunity to defendant for filing written..........
Contract -- Unfair and unreasonable contract - Courts will not enforce and when called upon to do so, strike down an unfair and unreasonable contract, or an unfair and unreasonable clause in a contract, entered into between parties who are not equal in bargaining power...........
Indian Penal Code, 1860, Section 309 -- Attempt to commit suicide - Mere fact that petitioner protested by sitting on hunger strike will not attract offence u/s 309 IPC...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Mere fact that representation as provided U.O.15.R.2 CPC not made, it cannot be said that Court has to strike off defence in every case of default - Even in absence of representation it is for Court to decide as to whether on basis of material available on record and in facts and circumstances of case,..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Civil Procedure Code, 1908, Order 16, Rule 6, Representation of the Peoples Act, 1951, Section 101, 83(1)(a) -- Striking out prayer(c) - Election petition - Once it is found that neither original election petition nor amended election petition contains any pleading of material facts which would enable Court to form an opinion in terms of S.101 of Act of 1951, there was no..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 506, 427, 201, 120B, 34 -- Anticipatory bail - Attempt to murder - Dispute between two groups of lawyers relating to strike which was already going on - Accused belonging to one group which was against strike - Consequently, conspiracy was hatched by accused and he called..........
Strike to boycott of Courts on all Saturdays -- To go on strike/boycott Courts cannot be justified under guise of right to freedom of speech and expression u/art 19(1)(a) of Constitution...........
Strike to boycott of Courts on all Saturdays -- Advocates every month on 3-4 Saturdays are on strike and abstain from working on one pretext or other - Boycotting Courts on every Saturday in entire District is not justifiable at all and as such it tantamount to contempt of Courts - Direction issued to all District Concerned and District Bar Associations to comply with..........
Civil Procedure Code, 1908, Order 16, Rule 6, Civil Procedure Code, 1908, Order 11, Rule 21 -- Willful and deliberate default to comply with direction issued U.O.16.R.6 CPC - Held, trial Court is not empowered to invoke jurisdiction to strike out defence U.O.11.R.21 CPC - Court has no other alternative than to adjudicate on issues, as if documents were no, existent...........
