Criminal Procedure Code, 1973, Section 197 -- Sanction - Complainant alleged that District town Planner asked for the transfer of half land in his favour in lieu of issuance of CLU for the plot - No sanction has been obtained from competent authority before prosecuting the District town Planner - Only on the basis of oral statement of complainant it is not sufficient to..........
Criminal Procedure Code, 1973, Section 482, 311 -- Additional Evidence - Permissibility - Pre-charge evidence of complainant was closed - Wife of complainant was not cited as witness - MLR of wife not produced on file - No revision against the interlocutory orders lies - Clear case of misuse of Power of summoning witness - Wife of the complainant not permitted to be..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex parte decree - Setting aside - Notice of summons for judgment was served on defendants and not on their advocate as advocate was not available - Immediately after acquiring knowledge of decree being passed instant notice of motion came to be filed - It cannot be said that defendants have acted in negligence..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte order - Setting aside - Summons duly served - Defendant was mislead by his brother that he has engaged counsel and was made to sign several blank papers and was assured that he need not attend Courts - Plea of mislead for over 14 years does not appear to have any substance and application having been filed at the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - If by means of clever drafting a camouflage has been created in order to create an illusion of a cause of action then such cases should be nipped in the bud at the first hearing itself i.e. even before admitting the suit and issuing summons or any time thereafter...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Opportunity to produce defence closed by Court - Quashing of order - Once it is held by Court that production of two witnesses was necessary, which were summoned and for whom process is already issued, then compliance of same is legal requirement of Court - Unwillingness of witness to respond summons or..........
Civil Procedure Code, 1908, Order 16, Rule 2 -- Summoning of witnesses - Eviction suit - Presence of witness is necessary to prove the fact that defendant had sublet the premises - Petitioner is claiming mesne profit and, therefore, in order to prove the prevalent market rate of properties in locality, summons to other witness/Branch Manager is also necessary - Rejection..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262 -- Dishonour of cheque - Trial - As per S.143 of the Act, Magistrate has power to try cases summarily - However, Magistrate has discretion to try cases u/s 138 of the Act as regular summons case and not in summary manner but for that Magistrate has to pass an order...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262 -- Dishonour of cheque - Trial - In the instant case, evidence recorded by predecessor Magistrate as in regular summons case and not for purpose of summary trial - Absence of specific order by Magistrate to try case as a regular summons case cannot vitiate the trial...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Defendant alleges that he was never served in suit and he never refused to receive summons - However, process server has recorded in his report that he had seen defendant concealing himself in his house and he refused to take summons or evaded service - Said report is duly witnessed by..........
