Criminal Procedure Code, 1973, Section 173, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Presiding Officer of Mega Lok Adalat taking into consideration cancellation report filed by police and accepted protest petition of complainant and directed police to present challan - Said approach is not permissible under law - Order passed by presiding..........
Civil Procedure Code, 1908, Section 96, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58 -- Appeal against decree by a person, who is not party to the suit, but his property is ordered to be attached by order U.O.38.R.5 CPC - Appeal at his instance is not maintainable as he is not an aggrieved person - Appropriate remedy lies U.O.21.R.58 CPC by filing a..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Permission granted to withdraw suit and to file fresh suit for relief of injunction only as present suit was filed for permanent injunction only - Held, trial Court has either to allow application as prayed for or to dismiss the same if it was not convinced on merits about..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Dismissal of complaint in default - Acquittal of accused - Revision against order of acquittal is not maintainable, as only remedy available to complainant is to prefer an appeal u/s 378(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 389(1) -- Stay of conviction - Loss of job is not a valid consideration for grant of rare remedy of staying order of conviction, particularly, when petitioners nowhere averred or substantiated any fact that irreparable injury coupled with irreversible consequences are to ensure consequent upon loss of job and they would be subject to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Defence struck off on the ground that written statement not filed inspite of availing various opportunities though period of 90 days has not expired - Court has discretion to allow defendant to file written statement even after expiry of period of 90 days, in case exceptional grounds are there - Impugned..........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Allowing expert to take photographs of specimen signatures of defendant taken during his cross examination - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit and counter claim dismissed on same day in the absence of both the parties - Defendant filed restoration of counter claim, which was allowed without notice to plaintiff and plaintiff declared ex parte - Application for restoration cannot be decide at the back of plaintiff - No party can..........
Civil Procedure Code, 1908, Section 35, 35A, 151, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application by imposing actual costs - No provision for award of actual costs as at present - Costs can be imposed in accordance with relevant provisions of CPC and High Court Rules - Unless rules of High Court are amended to provide for actual costs, the same cannot be..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Rejected on the ground of no, submission of application for condonation of delay - Due to lack of suitable advice to be given to party by his advocate, delay condonation application not filed - Party therefore, should not be made to suffer for something which was not done though ought to..........
