Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Application for - Expeditious disposal of - Petitioner sought direction that his application for grant of interim injunction may be disposed of expeditiously as defendant is threatening to take over possession of property in collusion with some property dealers - Notice has been served upon defendant..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Trial - Held, there is nothing on record to show that Court after hearing parties recorded an order to the effect that it was not desirable to try case summarily and tried case in manner provided in Cr.P.C. - Successor Magistrate decided case on the basis..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 1973, 326 -- Dishonour of cheque - Summary trial - Procedure to be followed - Magistrate who delivered judgment did not record entire evidence in the case but relied on evidence recorded by his predecessor and delivered judgment acquitting accused - Validity - Held, in summary proceedings..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Main claim of plaintiff-petitioner had been that defendant No.1 has got 1/8th share in property mentioned in heading of plaint - Defendant No.1 having sold property despite injunction order and subsequent event having cropped up warrant incorporation of new pleas and new relief of declaration by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 462 -- Dishonour of cheque - Jurisdiction - The issue of territorial jurisdiction if not raised during trial will not vitiate the finding, sentence or order on this count unless the accused is able to show that it has occasioned a failure of justice or that prejudice has been caused to..........
Civil Procedure Code, 1908, Section 35B -- Costs - Payment of - Extension of time - There has been some lapse on part of petitioner in sending the pay order at wrong address of respondent No.5 - Said lapse appears to be bonafide - Extension of time sought for payment of cost amount of Rs.50,000/- - Held, question of extension of time as sought for payment of cost amount..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 11 -- Ex parte decree - Setting aside - Rejection of application - Validity - Service has not been affected personally on all defendants - Application U.O.9.R.13 CPC has been dismissed by both Courts bellow - Held, according to the provision of O.5.R.11 CPC, save as otherwise..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482 -- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned..........
Maharashtra Land Revenue Code, 1966, Section 247, Civil Procedure Code, 1908, Section 54 -- Partition - Effecting of - Appeal - Refusal to grant stay - Legality of - Two questions were raised in appeal u/s 247 before the S.D.O. - (i) that no notice was issued to respondent No.1 and (ii) that partition was hit by provisions of S.8AA of the Bombay Prevention of Fragmentation..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Ex parte decree was set aside not only on the ground that summons was not duly served but also for the reason that even otherwise, service of summons by registered post did not assume any significance as no attempt was made to effect service thereof by general mode - Held, reasoning was..........
