Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Closure of further cross-examination of accused - Earlier on three occasions, cross-examination of petitioner was done and simply because he failed to appear on next date, his further cross-examination has been closed - Closing further cross-examination would mean that..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and injunction - Defendant Nos.1 to 8 had appeared before Trial Court, however were not diligent in prosecuting the case by not only in filing the written statement but also producing the relevant documents to substantiate their right over the property in question - Both the Courts below have..........
Civil Procedure Code, 1908, Section 96(3), 96(3), Order 12, Rule 6 -- Judgment on admission - Appeal thereagainst - Defendant in the presence of his Counsel suffered a statement and accepted the claim of plaintiff - Statement of defendant recorded by Court was categoric and clear like crystal - Appeal against such decree not maintainable as per S.96(3) CPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Statement of accused persons that unless wife brings the amount she should not come for cohabitation, without any action, will not amount to mental and physical harassment...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Striking off defence - Defendants admitted that written statement was not filed on account of signatures of one of defendants not having been obtained and written statement would be filed within two weeks - Defendants thus, should not be prevented from presenting their stand before..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering question of rejection of plaint, it is plaint alone which has to be read meaningfully and not any averment in written statement - It is also necessary sometimes to consider documents annexed to plaint for a holistic and comprehensive reading of plaint in order to decide whether plaint..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merely because plaintiff wants to introduce certain pleas by way of an amendment in the plaint, which the defendant has set up in his written statement, will not be a valid ground for rejecting the prayer for amendment of plaint, particularly when no prejudice is going to be caused to defendant by..........
Arbitration and Conciliation Act, 1996, Section 16(2) -- Jurisdiction of Arbitral Tribunal - Plea of lack of jurisdiction of arbitral Tribunal cannot be raised after submission of statement of defence...........
Criminal Procedure Code, 1973, Section 164 -- Copy of statement recorded u/s 164 Cr.P.C. - Final report filed - Complainant is entitled to copy of statement u/s 164 Cr.P.C...........
