Criminal trial -- Appearance through counsel - Court can allow counsel to make plea on behalf of accused subject to appropriate conditions - However, accused will have to give an undertaking that identity will not be disputed and his counsel will be present in Court throughout...........
Advocate client relationship -- Fiduciary in nature and is in the nature of agency - Any undertaking given to Court by an Advocate cannot be without requisite authority from client...........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Advocate client relationship -- Fiduciary in nature and is in the nature of agency - Any undertaking given to Court by an Advocate cannot be without requisite authority from client...........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Criminal trial -- Purpose of trial - Trial is a fact-finding exercise where prosecution and defence, after investigation by competent authorities, present their versions of events and role and duty of Court to determine the truth - While undertaking such determination, Court is not only to look at evidence at hand but also ensure that all considerations balance demand for..........
Indian Contract Act, 1872, Section 74 -- Breach of contract - Forfeiture of earnest money - If forfeiture of earnest money under a contract is reasonable, then it does not fall within S.74 of the Act, inasmuch as, such a forfeiture does not amount to imposing a penalty - However, if forfeiture is of the nature of penalty, then S.74 of the Act would be applicable - Where..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte interim injunction - An ex-parte interim injunction order is passed only in case of grave urgency after considering principles governing grant or refusal of injunction and analyzing pleadings and documents on record, that too for a specified period - Court should also take an undertaking from plaintiff that if..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused himself admitted his liability of Rs.2 lakh which he had borrowed from complainant in the year 2004 - He has no case that he repaid that amount to complainant after receipt of lawyer's notice - Accused got an acquittal on mere technicalities - However, in appeal, though..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Property of senior citizen - Mother executed gift deed in favour of son - Son executed promissory note wherein he stated that he will take care of mother and her husband till the end of their life - Gift Deed also records a similar condition, i.e. the donee will..........
