Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Condonation of delay - Sufficient cause for not filing application within time explained - Defendant not negligent - No affidavit in support of the fact that defendant never knew of decree when someone had come to take possession of property - However, it is not case of plaintiff that..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Admissibility of evidence - Admissibility or relevancy of evidence contained in the affidavit of evidence - Can be admitted at any stage reserving its resolution until final judgment in the case...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit - Admissibility or relevancy - Objection as to - Need not be decided as they arise - Can be deferred to a latter stage of the suit but before the Court proceeds to judgment...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - Issuance of process - Respondent was not examined u/s 200 of the Code and Magistrate relying upon affidavit filed by respondent issued process against petitioner - Held, this exercise undertaken by Magistrate cannot be sustained - Order issuing process..........
Criminal Procedure Code, 1973, Section 231, 311, Evidence Act, 1872, Section 145 -- Recall of a witness on the basis of subsequent affidavit - Not to be allowed as it will be in violation of the provision of S.145 Evidence Act...........
Constitution of India, 1950, Article 226, 227, Criminal Procedure Code, 1973, Section 340, Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite u/s 24 of Hindu Marriage Act - Husband filed application u/s 340 Cr.P.C. for wife to be proceeded against u/s 340 Cr.P.C. for fabrication, contradiction or falsity of averments in the application - Specific instances..........
Indian Penal Code, 1860, Section 376, 366, Criminal Procedure Code, 1973, Section 235 -- Conviction u/ss 366 and 376 and accused sentenced to 7 years RI - High Court reduced the sentence to the period already undergone - Court should award proper sentence having regard to the nature of the offence and the manner in which it was committed - Father of victim filed an..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 406, 498A -- Compromise - Offence u/ss 406, 498-A IPC - Compromise between parties - Affidavit to that effect filed - In view of compromise between parties complaint and all consequential proceedings arising therefrom quashed...........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 357 -- Compensation - Death by rash and negligent driving - Mother of deceased filed affidavit that she does not have any grievance against appellant and it was an act of God - Conviction confirmed - Sentence of appellant reduced to the period already undergone by him - Appellant directed to..........
Civil Procedure Code, 1908, Order 41, Rule 27, Evidence Act, 1872, Section 65, 66 -- Additional evidence in second appeal - Affidavit - Proof of affidavit by way of secondary evidence - For additional evidence party has to make out a strong case - By exercise of due diligence, defendant could have proved the affidavit in the trial Court - Affidavit not required by Court..........
