Civil Procedure Code, 1908, Section 151, 37, 38, 39, Order 21, Rule 99, 97 -- Transfer of execution petition - Ground of pecuniary jurisdiction - Locus standi - Legal heirs of defendant against whom execution petition was filed did not raise any objection with regard to jurisdiction of executing Court - Held, third party cannot raise question with regard to jurisdiction of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cheating and criminal conspiracy - Held, FIR cannot be quashed - Investigating Officer directed to consider all documents available with accused persons to decide whether ingredients of alleged offences exist or not and to determine whether charge-sheet or negative FIR should be filed by him or not - Order..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Exercise of - Held, High Court u/s.115 and Art.227 of Constitution of India is circumscribed and limited - Normally, High Court exercises its revisional jurisdiction only when there is material infirmity in passing impugned order or impugned order was passed by Court below without any jurisdiction...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Application for - Dismissal of - Validity - Held, if appeal in previous suit was pending, that could be a ground for allowing application u/s 10 CPC and not for dismissing it - Question to be determined for adjudication of application u/s 10 CPC is regarding requirements of S.10 CPC being satisfied or not - Trial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for default - Acquittal - Validity - Explanation offered by appellant that his advocate could not remain present as he inadvertently forget to post next date of hearing in his diary, leading to further defaults on four occasions, appears..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of application - Counsel fell ill and could not appear - When respondent came to know about the fact, application for restoration was moved - Rules of procedure are hand made of justice and not to be used as technical ground for defeating the ends of justice - Order allowing application, upheld...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23A -- Remand of case - Propriety - Remand of case on ground that proper issues were not framed - Held, if lower appellate Court was convinced that certain issues were not framed by trial Court it should have framed necessary issues - It was incumbent upon lower appellate Court to advert to issues framed by trial..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Law as to - Court should be liberal in allowing amendment unless serious injustice or irreparable loss is likely to be caused to the other side or that the prayer for amendment is not a bona fide one - A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2), 19, Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Main accused not prosecuted - When main accused is not prosecuted then conspirator cannot be prosecuted - Held, order of granting sanction deserves to be quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Issuances of process when accused not residing within jurisdiction of Court - It is obligatory for the Magistrate to postpone the process and make inquiry and after being satisfied, the process could be issued and there is no exception to this proposition on..........
