Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleading no instructions - Notice to defendant not given - Defendants should be given a chance to contest the suit on merits - Ex parte decree set aside subject to payment of costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - `No instructions' - Counsel not intimating plaintiff - Court also did not issue fresh notice to plaintiff - Factum of reporting no instructions without informing plaintiff by counsel of plaintiff constitutes sufficient cause within meaning of O.9.R.9 CPC - Suit restored...........
Indian Penal Code, 1860, Section 420, 423, 466, 467, 471, 120B -- Cheating - Quashing of charge sheet - Allegation against applicant that while he was working as a Notary had notarized the Will after death of testator - Will in question was notarized just one day after death of testator - Applicant had ample opportunities to compare the photograph with face of person who..........
Criminal Proceedings -- Mentioning of caste/status separately in criminal proceedings - Amounts to colonial legacy and requires to be stopped forthwith - Therefore, Secretaries (Home) to Governments of Punjab, Haryana and U.T., Chandigarh are directed to issue instructions to all I.O. not to state/mention caste of accused, victims or witnesses in recovery memos, FIRs,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back unserved - Notice served by accused through counsel - Plea that counsel issued notice without her instructions - Since no complaint was lodged against counsel in Bar Council as such it clearly indicates that registered notice was sent on the instructions of accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together..........
Indian Penal Code, 1860, Section 302, 34, 379, 120B -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - A-3 hatched conspiracy with her paramour A-1 along with A-2 and committed murder of her husband - It is proved and established on record that A-1 and A-2 were following A-3 and deceased as per instructions of A-3 and all accused were..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Report of Local Commissioner suffering from an irregularity i.e. want of following applicable instructions - Proper course for High Court is either to issue a fresh commission or to remand the matter for reconsideration - Entire suit cannot be dismissed for any irregularity on the part of Local..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - There is no embargo for holder of cheque to fill up its body in case blank cheque is handed over to him by a person to discharge his liability with instructions to fill it at appropriate time...........
Indian Penal Code, 1860, Section 364A, 386, 342 -- Kidnapping for ransom - Victim clearly and categorically establishes that accused kidnapped him for ransom - Amount asked for Rs.25 lakhs was taken by father of victim and his friend on the very next day to different places then finally was delivered at the spot on the instructions given on mobile phone by accused - Same..........
