Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Closure of right to file written statement - Defendant deliberately delaying adjudication of suit firstly by not filing written statement on record in time and thereafter by not appearing before trial Court - Explanation given by defendant for his non-appearance is that he was advised by counsel not to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Commercial suit - Written statement had not been filed along with costs either within stipulated time period of 30 days or within extended period of 120 days - First counsel for defendant expired after 30 days period for filing written statement had lapsed - Application..........
Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Can be produced or shown, for the first time, to witness in his cross examination...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Production/showing of documents, for the first time, to witness in his cross examination -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Opportunity to file written statement closed and defendant proceeded ex parte - Provision of O.8.R.1 CPC is directory and not mandatory - Impugned order cannot be sustained - Opportunity given to defendant to file written statement...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 50 -- Recovery of 300 gms opium - Search and seizure - Accused was offered a choice to be searched either before Gazette Officer or Magistrate prior to carrying out search, but he refused the same and reposed faith in police party itself - No one was ready to stand witness for police party at the time of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 300 gms opium - Reduction of sentence - Accused is a young man and he has old parents to look after - He has promised not to repeat similar office in future and he is repentful to situation - Sentence of 5 years R.I is not justified in prevailing facts and circumstances of the case -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 376D, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, 10 -- Bail - Juvenile - Kidnapping, rape and murder - Case was initially lodged against unknown persons - None had seen petitioner and his associate taking away victim -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Provision of O.8.R.1 CPC ordinarily ought to be adhered to, but Court below Could have permitted to file written statement subject to certain penalty as a deterrent - One opportunity is thus, granted to defendant for filing written statement subject to costs of Rs.5,000/-..........
Arbitration and Conciliation Act, 1996, Section 11, 8 -- Appointment of arbitrator - Limitation which concerns admissibility of claim, must be decided by arbitral Tribunal either as a preliminary issue or at the final stage after evidence is led by parties...........
