Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Written statement - Application U.O.7.R.11 CPC filed - Application U.O.7.R.11 CPC is independent of filing of written statement - There is no embargo to file written statement before adjudication of O.7.R.11 CPC application - Provision of O.8.R.1 CPC cannot be ignored or else under..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 6A -- Compromise - Suit disposed of in terms of compromise but formal decree not drawn - Plaintiff to file an application u/s 151 r/w O.20.R.6-A CPC before the Court for drawing the decree in accordance with the order...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Period stipulated in O.8.R.1 CPC is not mandatory and application filed belatedly shall be considered based on reasons stipulated in affidavit - Defendant allowed to file written statement subject to payment of cost of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 23, Rule 1(4)(b) -- Withdrawal of suit - Without liberty to file fresh suit on same cause of action - Subsequent suit on same cause of action on which earlier suit was dismissed - Not maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband failed to file an affidavit of his assets and liabilities in response to the copy of affidavit of assets and liabilities of wife supplied to husband till awarding of interim maintenance by Family Court - It cannot be said that no proper opportunity of hearing was granted to husband - Even after..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint by Company - When issue of proper authorization to file complaint on behalf of company and having knowledge of the transaction between parties can only be an issue of trial, petition u/s 482 Cr.P.C to quash order taking cognizance cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant has right to file and maintain separate complaint for dishonour of each and every cheque on failure to make payment by payer after receipt of notice u/s 138 of the Act...........
Consumer Protection Act, 1986, Section 2(c) -- Complaint - Cannot be returned unadjudicated with liberty to file fresh complaint as complaint can be filed within period of limitation and once period of limitation expires, complainant cannot file second complaint...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of pregnant wife and son - Burden of proof - Accused failed to explain how death of deceased persons occurred, as both were residing with him and were lastly seen with him in the night by PW1 - Statement of last seen witness has already dealt with and no circumstances are there on the file to..........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration, recovery of possession and rectification of revenue entries - Plea that in view of re-arrangement between the parties as agreed, the suit land was mutated in the name of defendant and that plaintiff is estopped by agreement dated 24.01.1993 and thus suit is not..........
