Indian Penal Code, 1860, Section 420, 466, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Forged document handed over to Advocate who produced it in Court - Advocate cannot be held liable for producing a forged document in Court - Advocate in no way is the beneficiary if the said document is ultimately accepted or rejected - It is ultimately the person who..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Second Local commissioner - Eviction petition - Advocate appointed Local commissioner - Local commissioner is appointed for visual observation regarding existence or non existence of unauthorized construction - Second commission, an expert can be appointed to know the age of unauthorized construction and whether it was..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Condonation of delay - Death during pendency of appeal - Delay of 778 days in impleading L.R's - Condonation of delay - Applicants not aware of the pendency of appeal - Applicants totally callous about pursuing appeal - They acted irresponsible and even with negligence - Not approached Court..........
Kerala Secretariat Subordinate Service Rules, Rule 7 -- Bar Council of India Rules, Part, VI, Chapter III Rules 49 and 5 - Recruitment - Post of Legal Assistant - Qualification - Enrolment as an Advocate - Passing of resolution by the Public Service Commission that employees in Government Service like the petitioner who have got their enrolment suspended are ineligible to..........
Criminal Procedure Code, 1973, Section 284, 285 -- Examination of a witness on commission - An Advocate Commission cannot be appointed for the examination of a witness by resort to Ss.284 & 285 Cr.P.C. - A judicial Magistrate alone can be appointed for the examination of a party on commission...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Appeal against - Appeal rejected on ground of absence of appellant and his advocate - Notice to respondent not issued and even record from trial Court not called - Held, rejection of appeal is against the provisions of law - Impugned order set aside - Matter remitted for decision afresh in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Bona fide requirement - Requirement of son, an Advocate, to use it as office - Landlady owning number of other properties but not so pleaded - Son of landlady testifying that the other properties owned by his father - Held, property owned by a spouse cannot be considered to be a property owned by the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - `Memorandum of Appearance' filed by Advocate for one date - Thereafter Advocate neither appearing on behalf of defendants nor filing Vakalatnama - Held, mere appearance of Advocate on behalf of defendants on one date of hearing by presenting `Memorandum of Appearance' is not sufficient to..........
Punjab State Election Commission Act, 1994, Section 76, 80 -- Election petition - Limitation - Election petition has to be filed within prescribed period of limitation - If filed beyond limitation it has to be dismissed by Election Tribunal in face of S.80 of the Act under which limitation cannot be extended under any circumstance - It has to be presented by a candidate..........
Motor car -- Manufacturing defect - Complainant had not come to the District Forum with clean hand - Vehicle was taken away by the officials of Citi Bank and resold to some other person soon after filing the complaint - This fact was not disclosed by the complainant in his complaint till its decision and thus the complainant has intentionally misused and abused the process..........
