Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To verify construction of shops - Plaintiff has already filed one demarcation report - Evidence has not begun - Defendant will have full opportunity to cross-examine plaintiff's witnesses with regard to demarcation report relied upon by plaintiff - Liberty is thus, granted to defendant that..........
Criminal Procedure Code, 1973, Section 397, 401, 216 -- Revision - Modification of charge - Dismissal of application - It is an interlocutory order - Revision thereagainst not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default for non-appearance of complainant on the date fixed without affording even a single opportunity is wholly unjustified - Default being singular ought to have been ignored by Court and to do substantial justice, it ought to have..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 120B -- Bail - Cheating - Financial irregularities committed by Society - Respondent was a close associate of Society with regular business - Investigation also indicates that out of the monies withdrawn from the Society's account by respondent investments were later made..........
Criminal Procedure Code, 1973, Section 482, 341, 340 -- Petition u/s 482 Cr.P.C - Maintainability - Complaint filed as per order passed u/s 340 Cr.P.C - When petitioner has a right to file appeal u/s 341 Cr.P.C, Court need not entertain the petition u/s 482 Cr.P.C...........
Civil Procedure Code, 1908, Section 152 -- Correction/amendment of decree - Court before exercising inherent power u/s 152 CPC, should issue notice to parties so that they will get an opportunity to have their say in the matter - In that process, ultimate order to be passed in exercise of power u/s 152 CPC will also be known to parties to which they are entitled to...........
Civil Procedure Code, 1908, Section 151 -- Application seeking directions to wife to shift to an alternate accommodation being offered by husband - Divorce proceedings - Wife is residing in tenanted premises which need to be vacated on account of its dilapidated condition as also eviction notices being received by husband from lessors - When husband requires urgent orders..........
Criminal Procedure Code, 1973, Section 125 -- Ad interim maintenance - Once the application for interim maintenance was pending and affidavits (of disclosure of assets and liabilities) of rival parties were already on record, family Court ought to have decided the same in a expeditious manner - No compelling or accentuating circumstances are either decipherable from..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Consists of bundle of material facts which are necessary for plaintiff to prove in order to entitle the plaintiff to the relief claimed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court without deciding application for additional evidence, has decided the main appeal itself, which is a patent error - Impugned order set aside - Matter remitted back to lower appellate Court for fresh disposal of application...........
