Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Appellants convicted and sentenced to undergo simple imprisonment for a period of two years alongwith fine u/s.324 IPC - Affidavit filed at time of hearing of appeal that parties to lis have compounded offence - Held, in view of understanding between parties,..........
Agreement to sell -- Specific performance - Ready and willing - Sworn affidavit of both parties of presence in the office of Sub Registrar - However, defendant has not come out with a consistent version with that of his affidavit - Suit filed within 19 days from the last date fixed for execution of sale deed - Decree of specific performance, upheld...........
Civil Procedure Code, 1908, Order 18, Rule 2, 4, Evidence Act, 1872, Section 138 -- A witness proposed to be examined present in Court when cross examination of other witness was in progress - Trial Court held that evidence of that witness cannot be recorded at all and that affidavit filed by him in lieu of chief-examination be eschewed from consideration - Trial Court has..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - Validity - Serving officer sought to serve summon of suit on defendant - Defendant not available - Since defendant was not available, therefore, his wife who was residing with him, was sought to be served with notice but she refused to accept notice - Thereafter, copy of notice was affixed on his..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Accused cannot file an affidavit in lieu of chief examination - It is necessary for him to enter the witness box even for chief examination - It is the complainant and the witnesses who could file an affidavit in lieu of chief examination and not the accused...........
Transfer of Property Act, 1882, Section 106 -- Termination of tenancy - Suit for recovery of possession - Application filed by respondent/landowner for summary judgment under chapter XIII-A of High Court Rules, Original Side - Affidavit-i, Opposition filed by appellant/tenant contending that termination was wrongful as it was done contrary to agreement - Single Judge..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Motorcycle recovered from possession of son of petitioner - High Court summoned IO of the case and was asked to file a counter affidavit - In his counter affidavit IO mentioned that said motorcycle was stolen but there in nothing on record which may indicate the facts on the basis of which such opinion has..........
Wakf Property -- Eviction - Petitioner had taken land on lease from Wakf Board till 1993-94 - He has been paying lease to Wakf Board - Petitioner filed civil suit showing himself to be a tenant of Wakf Board and it is only at a later stage that he changed his stance to seek amendment of pleadings to contend that land belonged to Rehabilitation Department - Punjab Govt. on..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Proof of loss - Not so strict in the case of a registered document - Plea of loss of original can be proved by way of affidavit...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Examination-in-chief of accused - Affidavit in lieu - Validity - Held, when law provides specific procedure as to how evidence has to be recorded, same has to be followed as it is - Trial Court without looking to said aspect has permitted accused to file an affidavit in lieu of chief examination..........
