Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/ss 420, 467, 468, 471, 120-B IPC - Quashing of summoning order - Trial Court had not only taken cognizance of offence but also rejected the discharge application filed by accused - High Court in view of subsequent development after rejection of discharge application, should not have interfered in said..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of father by son - Three dying declarations - Eye witness to incident categorically deposed about accused pouring kerosene on her and also on deceased and setting him on fire - Three dying declarations were recorded by Magistrate, Assistant Sub-Inspector of Police and Inspector of police..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - Complainant admitted that he had received amount from accused being cheque amount and he has given quietus to dispute and he has no objection with regard to setting aside conviction and sentence passed against accused - Conviction and sentence set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 582 days in filing application - Defendant was duly served with summons in suit and had appeared - He failed to state that after becoming aware of passing ex parte decree on 18.7.2019, what steps were taken by him to seek setting aside..........
Protection of Children from Sexual Offences Act, 2012, Section 33, 35 -- Special Courts - Directions issued for setting up Special Courts with requisite infrastructure for disposal of cases under the Act Viz.: (i) State to take steps for setting up of requisite number of Special Courts to try cases under POCSO Act; (ii) State is directed to provide necessary infrastructure..........
Constitution of India, 1950, Article 32 -- Writ petition - Mandamus cannot be issued by Supreme Court for setting up an adjudicatory body or Tribunal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Defendant successfully proved that he had sufficient reason for not appearing before trial Court as compromise arrived at between parties in complaint u/s 138 of Negotiable Instruments Act - Whether or not present transaction was a part of compromise arrived at between parties..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application U.O.9.R.13 CPC - Order setting defendant ex parte is not sine qua non for entertaining an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application U.O.9.R.13 CPC - When an ex parte judgment and decree is passed, it hardly makes any difference if a formal order setting defendant ex parte has been passed or not - O.9.R.13 CPC relates to an ex parte decree and not an order...........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 39, Rule 2A -- Application U.O.39.R.2-A - Dismissal in default - Restoration - Revision against - Once trial court comes to conclusion that proceedings were liable to be restored back, unless gross illegality is pointed out in exercise of discretion, jurisdiction u/s 115 CPC cannot be invoked..........
