Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Non-appearance of complainant - Acquittal of accused - Challenge to - Vital rights of appellant bank are involved before Trial Court - Held, impugned order dismissing complaint and acquitting accused liable to be set aside - Complaint restored -..........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - False and irrelevant pleas - Appellant is guilty of suppressing material facts and introduction of false pleas and irrelevant documents - Plea of adverse possession has no foundation or basis in the facts and circumstances of case and was just introduced to gain undue benefits - As a result, Court got into trap..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Eviction - Revision - Abuse of process of Court - Imposition of cost - Petitioner's own son `C' alleged sub-tenant also filed revision challenging same judgments of authorities below - Said revision dismissed as not pressed but nine months' time granted for vacating demised shop - Petitioner who is..........
Constitution of India, 1950, Article 226 -- Public interest litigation - Against decision of Election Commission rescinding election notification on allegation of use of money power and horse trading - Locus standi - Petitioner, a member of a political party - Petitioner himself admitted that money was used for election shamelessly and without fear - Petitioner failed to..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Incorporation of amendment - Extension of time - 2 days time granted - There was Advocate's strike on 28.02.2011, therefore, the order passed on 28.02.2011 granting 2 days more time could not come to the knowledge of counsel for plaintiff/appellant - Held, there was sufficient cause for not incorporating the amendment within..........
Constitution of India, 1950, Article 226,142, Criminal Procedure Code, 1973, Section 357 -- Cost - Petitioner filed SLP against an order - Petition misconceived, untenable and devoid of any merit - Petition dismissed with cost of Rs.20,000/-...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Failure to file within time specified - Held, provision of O.8.R.1 CPC is directory and not mandatory - Delay occurred due to transfer of suit from one Court to another Court - Defendant entitled to file written statement subject to payment of cost...........
Civil Procedure Code, 1908, Section 24 -- Transfer of appeal - Influential parties - Allegation made in transfer application against District Judge is utterly baseless - Utterly irresponsible attitude of both parties - Held, it is essential to transfer the case to a district which is farthest from Jhansi even though each and every allegation made against Presiding Officer..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within 90 days - Defence struck off - Held, provision being of procedural law, is required to be followed with some flexibility and not with extreme rigidity - Rules of procedure are handmaid of justice and are meant to advance the cause of justice and not to thwart the same - Defendant granted..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 5, 15 -- and - Examination of witnesses residing abroad - Issuance of commission - Expenses to be born out - Held, petitioner will bear the cost of commission including officer of this Court and accordingly deposit either entire cost of commission in Court, namely with the Registrar, Original Side or bear all costs..........
