Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Appellate Court has power U.O.41.R.33 CPC to pass any decree and to make any order which ought to have been passed and thus, power can be exercised by appellate Court notwithstanding that appeal is with regard to only a part of decree...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Suit for possession - Defendants sold their 1/3rd portion of property to plaintiffs for a sum of Rs.700 - When the first appellate Court was finding that sale deed was a valid one and when the amount of Rs.700 was not being returned to plaintiff, plaintiffs should also get possession over 1/3rd portion of house..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Issuance of cheque towards time barred debt - It is a matter of evidence - Not to be adjudicated in an application filed u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process must be preceded by an application of judicial mind to material before Court to determine if there is ground for proceedings against accused - When allegations made in complaint are found to be too vague and general without giving any material particulars of the offence alleged against accused then order of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition (c) restraining applicant from entering into Districts of Bellary in Karnataka and District of Ananthapuram in Cuddapah in AP - Modification of condition - Investigation was carried out by CBI - Most of the witnesses are from said Districts - There is serious apprehension on part of CBI that if..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Report of earlier commissioner appointed does not reveal status of construction raised by defendants - It was thus, in the interest of justice to appoint another commissioner - Application rightly allowed...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal against conviction subject to the condition of depositing of 20% of compensation amount - Non compliance of the condition - Non compliance of the condition of suspension of sentence is sufficient to..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC is applicable to suits only...........
Civil Procedure Code, 1908, Section 10 -- Stay of eviction petition - Petitioners moved application u/s 10 CPC in an eviction petition - Eviction petition before Rent Controller is not a suit, provisions of S.10 CPC not applicable to eviction petition - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Convenience of accused - Convenience of accused alone cannot be a criteria for the same - Convenience of accused cannot outweigh convenience of victim as well as police officers who are to handle the case...........
