Civil Procedure Code, 1908, Section 115, Order 9, Rule 4, Motor Vehicles Act, 1988, Section 68 -- Rr.213, 229 -- Motor Accident Claim Petitions - Gujarat Motor Vehicles Rules 1989, - Order passed on restoration application - Revision thereagainst - Maintainability - Held, there is no separate Procedural Law made applicable to conduct the Motor Accident Claim Petitions -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Conviction - Appeal - Pending disposal of appeal, petitioner filed application u/s. 391 of Cr.P.C. stating that he has paid entire amount to respondent/complainant and want to produce documentary evidence in support thereof - Dismissal of - Validity - On an..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 227 -- Suit for possession by way of specific performance of agreement to sell - Along with suit, application for interim injunction also filed on which parties directed to maintain status quo regarding possession and alienation - Plaintiff petitioner filed applications under order 39..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10 -- Contempt petition on account of breach of injunction order passed under Order 39 of CPC - Held, CPC itself takes care of situations arising on account of violation of order of injunction or disobedience or order or decree passed by Civil Court - In view of alternative remedy..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Written statement - Eviction petition - Amendment at appellate stage - Tenant purchasing share from one of the co-owners - Seeking amendment of written statement, at appellate stage that eviction petition is not maintainable - Held, eviction petition against a tenant..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Setting aside exparte order - Application to set aside ex parte order filed on the same day - Rejected on the ground that application was filed after orders had been passed - Not a ground for rejecting the application - There is no finding that cause shown for moving the application for restoration was not available or was..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Brother of deceased named two persons in his statement which also reflects the motive for committing the crime - Trial Court summoned additional accused - High Court quashed order - Held, High Court was not justified in quashing prosecution application - Summoning order passed by trial Court proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(2) -- Dishonour of cheque - Conviction - Appeal - Suspension of sentence - Imposition of condition - While suspending sentence appellate Court directed to pay 1/4th of cheque amount - Condition was not imposed for entertaining the appeal itself - Held, term to pay 1/4th of cheque..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Section 144 -- Restitution - Ex parte eviction order - Civil Court as the Executing Court delivered possession in execution of ex parte eviction order - Application U.O.9.R.13 CPC at the instance of tenant allowed and ex parte eviction order set aside - Restitution application..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order set aside - Whether relationship of landlord and tenant came to an end once an order of ex parte eviction order was passed and whether tenant is liable to pay mesne profits? - Held, no - Relationship of landlord and tenant never came..........
