Civil Procedure Code, 1908, Order 17, Civil Procedure Code, 1908, Order 9 -- Inspite of repeated adjournments evidence not led - Evidence closed by order and suit dismissed - There is no requirement to proceed U.O.17.R.2 when a party is represented by counsel - When counsel is present it cannot be said that party is absent - Court rightly proceeded U.O.17.R.3 CPC to decide..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Prosecution of Directors - Quashing of - Averments in complaint coupled with reply to notice by all petitioners are sufficient compliance and sufficient allegation relating to each of Directors and their responsibility for conduct of..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 12, 17, 18, 19, 20, 22, 21, Criminal Procedure Code, 1973, Section 468 -- Application for protection order - Filed after 3 years of desertion - Not barred - S.468 Cr.P.C. not applicable as on the date of alleged desertion there was no protection order and as such there could be no breach of it translating..........
Civil Procedure Code, 1908, Section 42, 47, Family Courts Act, 1984, Section 19 -- Decree passed by Civil Court - Execution thereof by Family Court - Appeal u/s 19 of the Act against rejection of objections filed u/s 47 of CPC - Maintainability - Appellants, wife of judgment debtor, and others filed objections u/s 47 of CPC claiming that after passing of decree, judgment..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Disputed signatures - Report of Forensic Expert - Application for - Declaratory suit filed to declare that sale deed was void - Defendant filed application to send disputed signatures in General Power of Attorney to be compared with admitted signatures of plaintiff in General Power of Attorney and sale deed - Trial Court..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of mother-i, law and sister-i, laws - Harassment and demand of dowry - In her entire statement, allegation of PW2 with regards to harassment and demand of dowry was against her husband, father-i, law, elder brother-i, law, and elder sister-i, law - It was only towards the fag end of her..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Production of - Photocopy of the attested copy of the documents sought to be produced as additional evidence which were already on record - It also appears that petitioner was given opportunity to cross-examine the witnesses at the time of recording of evidence and thereafter, the said documents have..........
Criminal Procedure Code, 1973, Section 397, 401, 457, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Release of case property - Husband of revisionist dishonestly and fraudulently transferred the amount from account of complainant to his own account misusing his position - Final report filed due to death of accused "B" - Magistrate ordered for releasing the amount..........
Criminal Procedure Code, 1973, Section 482 -- Cognizance of offences - Quashing of - Cognizance of offences punishable u/ss 147, 504, 506, 352, 323, 325 and 308 of IPC - Held, from perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against applicants - All submissions made at the bar relate to..........
Delhi Rent Control Act, 1958, Section 25B, Civil Procedure Code, 1908, Order 37, Rule 4, Limitation Act, 1963, Section 5 -- Eviction proceedings - Bona fide need - Leave to defend - Condonation of delay - Recalling of order - Held, S.25B of DRCA which provides for summary trial of applications for eviction on ground of bona fide requirement is a code in itself - Rent..........
