Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served with summons in the suit and he had made appearance through his counsel in 2016 - Thereafter, there is failure to file written statement and petitioner was set ex parte - Petitioner had an opportunity to file written statement after receiving summons in suit..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.302, 307 IPC to Ss.304, 308 IPC - Nature of injuries which are reported in post-mortem report co-related with FIR - Trial Court while alerting the charge has gone into records of case i.e. Charge sheet, Chik F.I.R., Tahrir, Injury Report, Inquest Report including post-mortem report, Site plan and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Appellant and his counsel diligently and sincerely attended Court on multiple occasions - Merely on few occasions, if both are absent that by itself would not be sufficient to pass order of dismissal for non-prosecution and..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Filed by transferee of decree - Notice to transferor/DH and JD is required calling for their objections and decide on objections if any raised - No separate application is required and execution Court can take such steps on the execution petition itself - Execution Court committed error in directing DH to proceed..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 357A -- Aggravated penetrative sexual assault - Compensation to victim - Guilt of accused proved - Having regard to age of victim at the time of offence i.e. 11 years, nature of abuse she has been visited with and constitutional obligation to provide meaningful redress,..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power and scope of review jurisdiction Viz: (i) Ground of discovery of new and important matter or evidence is a ground available if it is demonstrated that, despite exercise of due diligence, this evidence was not within their knowledge or could not be produced by party at the time, original decree or..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Impugned order of allowing review petition has not adverted to an error apparent on the face of record, but has taken up an error on re-appreciation of case and counter case of parties - Review order records a few findings extending far beyond actual working out of prayers in a suit for partition - Order..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court lacking jurisdiction - Trial Court dismissed the suit - Impugned order set aside - Trial Court directed to return the plaint for presentation before Court of competent jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Where party is denied an opportunity to adduce material evidence in support of its claim, order returning claim petition with an office objection, is liable to be set aside - Matter remitted to executing Court for fresh consideration of claim petition after affording both parties a fair and..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - When claim petition was presented, trial Court returned the same with an office objection - Instead of representing the petition and invite an order from executing Court, petitioner hastened..........
