Criminal Procedure Code, 1973, Section 200 -- Summoning order - Issuance of - Exercise of power by Magistrate - Held, at the stage of summoning, all that Magistrate has to see is whether or not there is "sufficient ground for proceeding" against accused - Magistrate is not to weigh evidence so meticulously as he is required to do during course of trial of main case -..........
Civil Procedure Code, 1908, Order 41, Rule 23-A, Civil Procedure Code, 1908, Section , Order 43, Rule 1(u) -- Trial Court decree reversed by Appellate Court - Case remanded to trial Court for decision afresh after giving parties an opportunity to lead evidence - Such order is passed by Appellate Court in exercise of its power U.O.41.R.23-A CPC - Held, order of remand..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not served with summons in suit - Their address in suit was also not correct - Defendants had no knowledge about pendency of suit - However, Advocate appeared on behalf of defendant by filing memo of appearance - Plea of defendants that they had never authorized Advocate to put in..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Incorporation of amendment - Extension of time - 2 days time granted - There was Advocate's strike on 28.02.2011, therefore, the order passed on 28.02.2011 granting 2 days more time could not come to the knowledge of counsel for plaintiff/appellant - Held, there was sufficient cause for not incorporating the amendment within..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Counter case - Quashing of proceedings - Issuance of cheque by "V" for supply of products - Cheque was handed over to complainant by "S" on behalf of accused being his business associate - After 8 days of issuance of demand notice "V" moved an application u/s..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 43, Rule 1(d) -- Ex parte decree - Application to set aside ex parte decree dismissed - Appeal against order dismissing application is maintainable - Petitioner can canvass the circumstances which transpired earlier to seek the indulgence of the Court for issuing appropriate..........
Civil Procedure Code, 1908, Order 26, Rule 14, Constitution of India, 1950, Article 227 -- Suit for partition - Final decree proceedings in suit - Objections raised by petitioner against report of advocate Commissioner turned down - Petition u/Art. 227 filed challenging order - Held, once a final decree is passed, any party aggrieved can challenge that decree by way of an..........
Criminal Procedure Code, 1973, Section 202 -- Cr.P.C. - Plea of non compliance of provision of ,S. 202 - Summoning order shows that complainant himself was examined and three other witnesses also examined - Held, trial Court has complied with provision of S.202 Cr.P.C...........
Indian Penal Code, 1860, Section 406, 498A,506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 498-A, 506 IPC - Statement of CW-4 regarding payment of cash amount by accused, maltreatment, harassment, physical and mental torture suffered by her at the hands of accused - Held, trial Court has considered and appreciated each and every aspect of the matter..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for cross examination - Court to record reasons on the stand taken by the parties for recall of the witness in order to ascertain the relevance thereof even if it is for the purpose of advancing the cause of justice...........
