Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Order 6, Rule 17 -- Dishonour of cheque - Amendment of complaint - Name of branch of bank on which cheque is drawn sought to be corrected by effecting amendment - Amendment cannot be said to be intentional act on part of complainant - Complainant was nothing to be gained by not mentioning correct..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Order 6, Rule 17 -- Dishonour of cheque - Amendment of complaint - Negligence in pleadings cannot be considered to be an inherent lacuna in prosecution case - Application for amendment rightly allowed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue with regard to validity of Will - Where trial Court as well as first Appellate Court has discussed entire evidence led by defendants in order to prove Will in question and have devoted major part of their discussion on this aspect, merely because Courts did not frame proper issue with regard..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Additional issues framed not in accordance with O.14.R.1 CPC which is condition precedent for applying O.14.R.5 CPC - Impugned order framing additional issues set aside...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Permission can be granted by Court only on fulfilling certain parameters which include explanation on part of petitioner as to why documents could not be filed along with written statement...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents sought to be produced pertain to period prior to fling of suit - No explanation given for not producing documents along with written statement - Application rightly rejected...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money - Defendant borrowed Rs.17 lakhs from plaintiff and issued a cheque for repayment of same - He admitted that cheque was issued by him for Rs.17 lakhs - Cheque was presented by plaintiff for encashment and was returned with an endorsement that defendant has issued `stop payment' instruction - On..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Non appearance due to serious illness - Non production of medical certificate - Not sufficient to hold that he was not ill, particularly when he was a man of 70 years old and expired during proceedings initiated U.O.9.R.13 CPC - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - Judgment passed by Court is not to be read as a statue and is to be read in the context it has been delivered...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Civil suit pending for the same issue - Complainant cannot pursue criminal proceedings - Proceedings quashed...........
