Civil Procedure Code, 1908, Section 129, Bombay High Court (Original Side) Rules, 1980, Rule 401, 402 -- Caveat - Caveat filed in improper format i.e. not as per Form No.116 - Caveat not supported by affidavit as per the requirements of R.402 - Held, it cannot be considered as good caveat and it cannot be acted for further action in the testamentary petition...........
Civil Procedure Code, 1908, Order 13 -- Placing of documents on record and its proving - Eviction petition on ground of non-payment of rent - Tenant tended his affidavit in examination-in-chief along with documents and his cross-examination recorded - Petitioner filed application to place and prove on record renewed premium receipt and income tax returns alleging that..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Plea not taken in petition can be taken in the affidavit in rejoinder...........
Civil Procedure Code, 1908, Order 23, Rule 3, 4, Motor Vehicles Act, 1988, Section 166 -- Sanctity of recitals in Court proceedings - Claim petition before Tribunal on account of injury sustained in motor accident - Tribunal awarded compensation stating an order that it was with consent of parties, though nothing in writing about consent - In appeal before High Court,..........
Civil Procedure Code, 1908, Section 148, 151 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Extension granted - Amount still not deposited within stipulated time - Extension against sought - Application for second extension not filed before expiry of extended time - Application also vague as it was filed without any affidavit..........
Negotiable Instruments Act, 1881, Section 138, 145, 146, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Evidence on affidavit of complainant and bank's slip are sufficient for taking cognizance of the offence u/s 138 of NI Act - Nothing is required for inquiry or for directing investigation before taking cognizance...........
Criminal Procedure Code, 1973, Section 227, 195(1)(b)(ii), Indian Penal Code, 1860, Section 199, 467, 468, 471 -- Framing of charges - Petitioner stood surety for accused, even though accused was unknown to petitioner - Petitioner thus was not competent to furnish bail for accused - Petitioner filed false declaration as well as false affidavit in support of said..........
Constitution of India, 1950, Article 226 -- Rules - Challenge thereto - Matter should be gone into depth by inviting a counter affidavit and examining the matter in detail - Summary disposal of writ petition by allowing it without even calling for a counter affidavit and quashing the rules is totally against any established procedure of law...........
Land Acquisition Act, 1894, Section 17(1) -- (As amended by Uttar Pradesh in 1974), Ss.5A, 4 & 6 - Land acquisition - Urgency provision invoked dispensing with objections and hearing u/s 5A of the Act - Objectors raised objection that they already raised construction more than 30/35 years ago - Final notification issued without considering objections - Area in question..........
Consumer Protection Act, 1986, Section 13(4), 15, 18 -- Additional evidence - Appellate stage - Affidavit evidence - Affidavit filed at appellate stage - Plea that this documents could not be read in evidence repelled - Held that the proceedings under the CP Act are summary in nature and the formal procedure of proving documents is not applicable to the proceedings under..........
