Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Law as to: (i) It is the duty of Trial Court to put each material circumstance appearing in the evidence against accused specifically, distinctively and separately - The material circumstance means the circumstance or the material on the basis of which the prosecution is seeking his conviction; (ii)..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Withdrawal of suit with liberty to file fresh suit - Impugned order set aside - Plaintiff permitted to file an application for amendment of plaint for curing defect - If such an application is moved and allowed then plaintiff will be given further opportunity to adduce additional..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of amount lesser than the cheque amount - Statutory notice is defective and will not give rise to cause of action u/s 138 of the Act, in strict sense - However, taking note of fact that it is not a single cheque but two cheques of different dates for different amounts, enforceable..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit in respect of the same cause of action - Can be granted only if Court is satisfied that suit must fail by reason of some formal defect or that there are sufficient grounds for allowing to institute fresh suit for the same cause of action...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file fresh suit - Specific case of defendant is that she is owner in possession of property and without seeking relief qua proprietary rights on title of suit property by way of declaration, plaintiff is not entitled to any injunction - Plaintiff moved an application for..........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Delay - Appeal not accompanied by an application for condoning delay - It is a curable defect - If required such an application can be filed subsequently and appeal can be treated as presented in accordance with requirement contained in O.41.R.3-A CPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by Company filed through Director, who initially has no authorization to represent company - Complaint cannot be quashed on said ground, as Company can at any stage rectify such defect...........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Acquisition of land - Dispute about the non-payment of acquired land by Respondent/Trust - The mandatory nature of the twin conditions to be satisfied before an auction sale can be set aside as provided U.O.21.R.90(3) CPC - No application to set aside a sale on grounds of irregularity or fraud under the Rule can be..........
Practice and Procedure -- Procedural defect - May fall within the purview of irregularity and capable of being cured - It should not be allowed to defeat the substantive right accrued to the litigant without affording reasonable opportunity...........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Cannot be admitted in evidence in the absence of Certificate as required u/s 65-B of the Act - However, same is a curable defect - Matter remitted to enable petitioner to rectify deficiency...........
