Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Affidavit - Cross examination of deponent - Case adjourned twice - Defendants counsel not present - Evidence of plaintiff closed - Recall of order - Explanation given for absence appears not only satisfactory but also bonafide - Foreclosure of the defendants right to cross examine the plaintiff has resulted in grave..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation and disobedience of order of injunction - Order as to restoration of status quo ante without order of attachment of property - Held, order though not improper yet in order to bring the order in conformity with O.39.R.2-A CPC the same modified to the effect that property of contemner shall remain attached for one..........
Criminal Procedure Code, 1973, Section 156(3) -- At the stage of S.156(3) Cr.P.C. accused has no right to be heard nor he can challenge an order before FIR is registered against him - Law confers a right of hearing on the victim at that stage of pre-registraton of FIR whereas no such right is conferred on the accused at that stage...........
Criminal Procedure Code, 1973, Section 156(3) -- Medical negligence - Disclosure of commission of offence of causing death by culpable homicide - Serious allegations - Impugned order dismissing application set aside - Application allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While passing an interim order of injunction Court is required to consider three basic principles namely, (i) prima facie case; (ii) balance of convenience and inconvenience; and (iii) irreparable loss and injury - Court must also take into consideration the conduct of the parties - A person who had..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of criminal proceedings - Plea that petitioners on account of alleged payment of money to M/s.KMF stood discharged of his liability qua cheque issued by them which was issued under an agreement entered into between petitioner with complainant and had..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Suit for specific performance - Permission sought to withdraw suit for filing a fresh suit including new cause of action of breach of agreement for resale of another land to him - No reason assigned by trial Court in refusing to allow withdrawal of suit - Impugned order set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Application u/s 311 Cr.P.C. to during pendency of appeal against conviction for recall of witness to prove that complainant firm is not registered under Punjab Money Lenders Act or with the Reserve Bank of India and as such is not competent to lend money in..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - One of the defendants was not party to the former suit - However, through whom he is claiming title was party to the suit - Held, in order to sustain the plea of res judicata it is not necessary that all the parties to the two litigations must be common - All that is necessary is that the issue should be between the..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may..........
