Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Late production of documents - Where interests of justice so demand and where adequate opportunity is afforded to opposite party to meet the case set up by additional documents, Court is well within its jurisdiction to permit their production subject to appropriate safeguards, for procedural law is meant to be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Charge-sheet i.e. police report u/s 173(2) Cr.P.C. has been submitted after investigation and High Court did not have an occasion to consider police report/charge-sheet and materials placed along with it while considering application u/s 482 Cr.P.C. - Ends of justice would be subserved if proceedings before..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Held, having regard to submissions advanced at bar and in the interest of justice, order dismissing complaint set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question involved a huge amount of Rs.14,08,000 - Plea of fraud taken by accused in his reply to application u/s 143-A of the Act has not been examined deeply or if noticed not been appreciated by Courts below by recording reasons - Order directing payment of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - No specific averment in complaint that attorney holder witnessed the transaction as an agent of company or that he is having knowledge regarding transactions and execution of cheque - His proof affidavit shows that he became conversant with facts of case..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Court never fixed case for filing written statement and no opportunity was granted to defendant to file written statement nor right to file written statement was closed by Court prior to case proceeded ex parte - Even if defendant or..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against dead person - Order allowing substitution of LRs of deceased defendant set aside...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earlier marriage of wife with one `M' is an admitted position - Wife could not adduce sufficient evidence in support to show that said earlier marriage was lawfully dissolved and that she is no longer his legally wedded wife - Reference to affidavit in..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Service of summons - Defendant not present at the spot - Defendant proceeded ex parte on the basis of affixation of summons and copy of plaint at the door of defendant's house - A duty is cast upon Court to get parties personally served and in case a litigant does not meet at the spot,..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of petitioner demanding money back or keeping motorcycle of deceased with him cannot be said as an overt act in the nature which led deceased with no option but to commit suicide - Order framing charge set aside...........
