Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex-parte order - Setting aside - Eviction order - Application filed after more than 3 years after ejectment order was passed - Attempts of tenant had been to delay proceedings by one way or other - It is by now more than 19 years after eviction order was passed in favour of landlords and at this stage, tenant..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Order of acquittal of accused - Complainant remained absent on many dates - Matter was listed on 14 occasions before trial Court - Complainant was absent on 5 occasions, which is quite a large number almost 36% in 14 dates - Only excuse given by complainant is that his advocate advised him not to..........
Criminal Procedure Code, 1973, Section 167(2) -- Police remand - Magistrate is not required to write an elaborate order granting or refusing remand while exercising jurisdiction to remand u/s 167 Cr.P.C - However, Magistrate is required to briefly set out his reasons...........
Armed Forces Tribunal Act, 2007, Section 15(2) -- Appeal against Court martial - Order challenged in OA is a proceeding by which General Court Martial was convened - Since there was no order, decision, finding or sentence by Court Martial, an appeal u/s 15 of the Act per se is not maintainable...........
Punjab Land Revenue Act, 1887, Section 16 -- Revision - Delay of 180 days - FC without condoning delay in filing revision has proceeded to set aside order passed by Collector on the ground that petitioners have been proceeded against ex-parte - However, no records were called for to verify as to whether petitioners have been rightly proceeded against ex-parte or not -..........
Telegraph Act, 1885, Section 16, 10, Electricity Act, 2003, Section 164, Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining defendant from erecting poles on any part of suit lands without following due process of law - District Magistrate granted necessary permission - 80% work already complete - Order granting interim injunction set aside..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion regarding signatures therein - In reply notice plea of security cheque raised - Held, in absence of any dispute raised by accused in reply notice with regard to issuing cheque in favour of complainant, trial Court was not justified in allowing prayer for..........
West Bengal Premises Tenancy Act, 1997, Section 2(g) -- Eviction order - Death of tenant - Entitlement of protection to spouse of deceased tenant - Non-residential premises - Right of spouse not included so far non-residential premises is concerned in recognizing right of preference for tenancy in fresh agreement in respect of premises - Such exclusion of a spouse of a..........
Mediation -- Order in terms of settlement agreement - Order is executable irrespective of fact whether Settlement Agreement is with respect to the properties which was/were not the subject matter of the proceedings before the Court - Order passed by Court in terms of Settlement is binding on the parties and is required to be acted upon and/or complied with and the same is..........
Mediation -- Parties to try for amicable settlement - Settlement arrived at is reduced into writing and/or a Settlement Agreement - Thereafter it becomes part of Court's order and Court disposes of the matter in terms of Settlement Agreement...........
