Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay - Defence struck off - Order of trial Court is conspicuously silent as to why Court not extended time for filing written statement even if same is not filed within statutory period, particularly when defendants were never directed to file written statement - If defendants are not permitted to file..........
Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Order 11, Rule 14, Evidence Act, 1872, Section 114 -- Striking out defence - On ground of no, compliance with order for discovery of documents - Suit for eviction - Held, for no, production of document or withholding material evidence, at the most an adverse inference can be drawn as per S.114,..........
Civil Procedure Code, 1908, Order 22, Rule 4, Succession Act, 1925, Section 213 -- Impleading L.R's - Death of defendant - Substitution of legatee of Will - Suit for injunction - Right of a legatee to pursue legal proceedings on the basis of u, probated Will cannot be curtailed as S.213 of Succession Act bars passing of decree of final order in a case which involves claim..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 376(C), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, 10 -- Discharge - Rape - Special Judge after taking cognizance of offence, proceeded for examining I.O and two medical witnesses before framing charge to satisfy himself as to whether sufficient grounds are..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Setting aside - Plea of non service of summons - Purpose of service is to inform the opposite party of the proceedings taken up in Court by a party against him - If a party is sufficiently aware of pendency of such proceedings in a court of law against him, it is his duty to be diligent and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Setting aside - `Sufficient cause' - Means that party had not acted in a negligent manner...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Setting aside - Service of summons at the address where parties last resided - However, parents of husband informed process server that husband had shifted to place at `C' and also gave the address of husband - Court also issued summons at the address at place `C' - After repeated summons sent to..........
Indian Penal Code, 1860, Section 354, 509, Criminal Procedure Code, 1973, Section 482 -- Sexual harassment at work place - While quashing FIR concerned department was impressed upon to close the departmental proceedings - Petitioner suppressed the material facts from Court - Order recalled - Concerned department, held, at liberty to proceed in accordance with law...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 462 -- Dishonour of cheque - Jurisdiction - Lack of - Finding or sentence passed by a Court of competent jurisdiction cannot be set aside merely on the ground of irregularity if no prejudice is caused to the accused - Plea of lack of jurisdiction neither raised at the trial nor any..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Bald and vague allegations against defendants that they are indulging in acts of insolvency - However, plaintiff can get order of attachment against defendant, if acts of insolvency of defendant is pleaded and proved in some detail - Order of attachment causing hardship to defendants because their..........
