Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - Mere presumptions or possible apprehensions are not sufficient and only good and sufficient grounds, clearly set out in the order, may justify the transfer - Transfer should not readily be granted for any fancied notion of a litigant - It should be granted to ensure that applicant gets fair and impartial..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of marriage by husband - Wife produces marks sheet of her son in which name of father was of petitioner - In transfer certificate and domicile certificate also name of petitioner was written - Nothing contrary produced by husband which makes his marriage with wife doubtful - Petitioner was living with his..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262 -- Dishonour of cheque - Trial - As per S.143 of the Act, Magistrate has power to try cases summarily - However, Magistrate has discretion to try cases u/s 138 of the Act as regular summons case and not in summary manner but for that Magistrate has to pass an order...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262 -- Dishonour of cheque - Trial - In the instant case, evidence recorded by predecessor Magistrate as in regular summons case and not for purpose of summary trial - Absence of specific order by Magistrate to try case as a regular summons case cannot vitiate the trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order of Court directing defendants to file written statement without deciding application U.O.7.R.11 CPC is contrary to scheme of Code and is a procedural irregularity - No application is necessary for Court to exercise jurisdiction and to conduct scrutiny to ascertain whether plaint discloses cause of..........
Civil Procedure Code, 1908, Section 151 -- Police help - Implementation of injunction order - Police help can be granted in deserving and appropriate cases u/s 151 of the Code - Filing of a suit for declaration and injunction by defendants, in the absence of any order therein, cannot be a ground for denying any relief in favour of plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission - Admission earlier made cannot be allowed to be withdrawn - Rejection of application - Order upheld...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - `Cause of action' - Consists of a bundle of facts which will be necessary for plaintiff to prove in order to get a relief from Court - However, because cause of action for two suits are different and distinct and evidence to support relief in two suits are also different then provision of O.2.R.2 CPC..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Mere writing of proclamation on the document will not fulfill the conditions of issuance of proclamation - In instant case, nothing is clear as to whether it is summon or bailable warrant etc. - Not mentioned in proclamation that accused are absconding or intentionally not appearing before Court or Court is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction - Relief of specific performance sought by way of amendment of plaint - Principles governing applicability of S.17 of Specific Relief Act and Art.54 of Limitation Act not considered by Court - Moreover, respondents failed to demonstrate the existence of prima facie case..........
