Civil Procedure Code, 1908, Order 21, Rule 106(3), 105(2) -- Execution - Date of hearing of the case was fixed to 24.08.2004 on which date, the decree-holder did not appear for which case was dropped/dismissed - It is only by order dated 16.12.2009, the order passed on 24.08.2004 was set aside and the execution case was restored to file - No application for setting aside..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Objection of petitioner that cheques were given for security of debt - Prima facie cheques were not given for security purpose but were given for payment of money lent to petitioner - Petitioner could not establish any of the ground..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(5) -- Appeal against conviction - Suspension of sentence - Power of Court - Held, appellate Court may impose conditions while suspending sentence - Such power of imposing conditions is discretionary - There is no impediment to put applicant on terms, while suspending substantive..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of party - Compromise between plaintiff and defendant No.1 - Presence of defendant No.2 not necessary in any manner so as to settle any dispute with plaintiff - Suit decided in terms of compromise - Defendant No.2 setting up counter claim against defendant No.1 - Defendant No.2 cannot be transposed as plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Status quo - Sustainability - Running of hotel in residential house and construction still going on unauthorizedly - Co-ordinate Bench of High Court directed Municipal Corporation to ensure that commercial activities within the residential plots in the said colony are stopped - Held, directing both..........
Criminal Procedure Code, 1973, Section 397, 401 -- Cheating and criminal intimidation - Grant of bail - Imposition of condition while granting bail - Magistrate imposed condition that petitioner should furnish bank guarantee of 50% of alleged cheated amount in Court - Challenge thereto - Held, no illegality in the order of trail Court - Petition dismissed...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 302, 364, 201, 218, 120B -- Cancellation of bail - Legality - Petitioners who are police officers evaded their arrest for the period of 9-10 months from the date of offence - They managed to manipulate charge sheet in such a way that they were charged under bailable offence - During course of..........
Wakf Act, 1995, Section 112, 13, 14, Civil Procedure Code, 1908, Order 39, Rule 1 -- Wakf property - Administration - Constitution of Board of wakf found improper - Interim order passed directing that wakfs would be administered by Charity Commissioner till constitution of proper Board - Order ignore basic difference between wakf and trust - And that of lack of..........
Civil Procedure Code, 1908, Section 115, Motor Vehicles Act, 1988, Section 140, 173 -- Revision - Maintainability - Order granting compensation on the principle of `No Fault Liability" - Held, such order constitutes award so appealable u/s 173 of the Act...........
Civil Procedure Code, 1908, Section 115, Motor Vehicles Act, 1988, Section 165, 169 -- Claims Tribunal - Not a Civil Court subordinate to High Court - Order of Claims Tribunal not subject to revisional jurisdiction of High Court...........
