Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Defendants availed at least three effective opportunities to file written statement so as to contest the suit - However, said opportunities were not availed by defendants - Difficult in getting records and translating them in Court language, would..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are sufficiently educated and aware of their rights - They mutually decided to end their matrimony finding no hope/chance of reconciliation - Statutory period of six months as specified u/s 13-B(2) of the Act waived...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are sufficiently educated and are aware of their rights - They mutually decided to end their matrimony finding no hope/chance of reconciliation - Six months statutory period as specified u/s 13-B(2) of the Act waived...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Commercial suit - Period upto which delay could be condoned was 120 days and not beyond that - Filing of written statement by defendant after 128 days, held not accepted - Order permitting defendant to file written statement quashed and set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint on ground of non service of statutory notice - As per complainant address of accused is correct and that they have received notice sent to them in other cases - Magistrate ought not to have dismissed complaints at threshold - It could have been decided after recording evidence as..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused arrested on 5.11.2018 and he remains in custody till today - Charge sheet was submitted by I.O after about one year from date of arrest of accused - Even though accused is entitled to grant of statutory bail as provided u/s 167 Cr.P.C on account of default of submitting charge sheet within prescribed..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties have been married for about 15 months - Marriage was a non-starter - Admittedly parties lived together only for three days after which they have separated on account of irreconcilable difference - All efforts for reconciliation have failed - No useful..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period of 90 days - Striking off defence - Defendant has not moved any application before trial Court seeking extension of time to file written statement - Trial Court straightaway struck off the defence of defendant on the ground that more than 90 days had elapsed from the date..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties have stayed apart for the last 18 years - They have mutually agreed to divorce each other - Statutory period of six months as prescribed u/s 13-B of the Act is dispensed with - Wife has withdrawn all cases filed by her against husband - Marriage between parties dissolved u/s 13-B of the Act...........
Service -- Promotion - Seniority list - Challenge as to - Seniority list not prepared on basis of merit but on basis of receipt of three separate select lists one after the other though there was one selection for three streams - As per Rules applicable there shall be one list for one selection of direct recruits - Creating three separate lists for one selection is..........
