Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Non filing within time - No good reason assigned for not filing written statement for more than two years after appearance in suit till matter reached the stage of judgment - Application to set aside `no written statement' order, rightly rejected...........
Compulsory retirement -- Reduction of pension - When full pension admissible to a compulsorily retired employee u/regul 33 of Pension Regulations is reduced, a prior consultation with Board is necessary - Post facto approval cannot be a substitute of prior consultation with Board before decision is made - Even no opportunity of hearing was given by authorities prior to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Closure of evidence of complainant - Revision - Order to close evidence of complainant after giving him several opportunities is an interlocutory order as the same does not finally decide rights and liabilities of parties but rather only settles some..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Second handwriting expert - Report of Forensic Expert on record and not set aside - Application dismissed by holding that there is no necessity to send signatures for comparison to another Forensic Expert - Order upheld...........
Kerosene dealership -- Dealership agreement between partnership firm and IOCL - Agreement itself recognises that in the event of death of one of partners, IOCL may continue dealership with said firm - Therefore, on death of one of partners of firm, business of firm would not come to an end in view of Clause 18 of deed of partnership r/w Clause 13 of dealership agreement -..........
Indian Penal Code, 1860, Section 120B, 415, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss. 120-B, 415, 420, 34 IPC - Appeal against quashing of complaint - Allegation of creating forge family tree and partition deed to secure compensation land, excluding complainant and her sisters - As per record, HC relied on the statement of sub registrar that was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Appeal dismissed on the ground of non prosecution and without giving proper opportunity of hearing to petitioner - Appellate Court has passed the order in a mechanical and cursory manner and without application of mind as no reasons or findings have been given in impugned..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in plaintiff's ownership and possession - Plea of plaintiff that partition had taken place in the year 1970 and suit land had fallen to their share not supported by any document - However, defendants have placed on record Khasra Girdawari issued in the year..........
Indian Penal Code, 1860, Section 420, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegation that accused under the pretext of providing Government job to complainant, has collected a sum of Rs.18,58,000 and another sum of Rs.20,000 through bank transfer - Specific allegation made in complaint is that as promised, no appointment orders..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to child - Order granting maintenance passed without there being any affidavit of disclosure of assets and liabilities on record - Nothing on record to show that requirement of filing such an affidavit was dispensed by trial Court - Order granting maintenance set aside - Matter remanded back to trial Court..........
