Civil Procedure Code, 1908, Section 151 -- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still trial Court directed defendant to..........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Application filed by plaintiff - Order pertains to hearing additional issue regarding maintainability of suit as preliminary issue - Pecuniary jurisdiction of Court is determined by Valuation made by plaintiff as per plaint and not on contention taken by defendant - Moreover, question of pecuniary jurisdiction..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Once opportunity to cross-examine complainant and his witnesses has been closed by order of the Court, after granting so many opportunities, then moving application u/s 311 Cr.P.C. by any means, cannot be taken as any bonafide exercise on part of the party filing application u/s 311 Cr.P.C...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for cross-examination - Witness not cross examined despite grant of several opportunities - Conduct of petitioner is such that he is keen on to procrastinate the proceedings - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Entire amount duly deposited in compliance of order of Court - However, challan could not be brought on record on account of illness of petitioner - Held, trial Court not justified to recall the order striking off defence - Impugned order set aside...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement - Appellant deserves the same relief as High Court in lead appeal enhancing compensation payable to all land owners in relation to their lands situated in different villages at more or less uniform rates - Order of High Court dismissing application for recall with prayer to enhance..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing proceedings - Proceedings quashed on the basis of consent of wife which was obtained on false promise - Order quashing proceedings recalled...........
Constitution of India, 1950, Article 227 -- Recall of order passed in SLP (Special Leave Petition) - Application has to be moved in the very same petition - Independent writ petition to recall directions issued in SLP is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Complainant was present in Court but she being hard of hearing, could not present herself before Court when case was called, as a result complaint was dismissed for no, prosecution - However, immediately next day..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 91 -- Dishonour of cheque - Source of income of complainant - Recall of complainant - No such suggestion or indication was made while complainant was examined and cross examined - Such application cannot be allowed at a belated stage when case is fixed for final disposal -..........
