Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Earlier writ petition for quashing of complaint heard and decided - Subsequent petition for quashing of complaint on changed circumstances - Does not amount to review of order passed in earlier writ petition...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Amendment sought as to change portion let out to respondent - No explanation that admission, regarding building in possession, made earlier was under any misconception or erroneous - Impugned order allowing amendment set aside...........
Criminal Procedure Code, 1973, Section 428, 432, 433, Indian Penal Code, 1860, Section 55 -- Setting off period of detention undergone as an under-trial prisoner against the sentence for life imprisonment - Arises only if an order is passed by appropriate government either under S.432 Cr.P.C. or under S.55 IPC read with S.433(b) Cr.P.C...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Appellate Court granted stay of operation of order granting temporary injunction without hearing other side - Held, not proper...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Declaration and permanent injunction suit - Dismissed for default - Restoration application moved - Dismissed - No malafide intentions attributed to the plaintiff - Order of dismissal of application not proper - Ordered to be set aside...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 14, Civil Procedure Code, 1908, Order 9, Rule 9 -- Eviction petition - Ground of personal necessity - Ground of personal necessity duly proved but petition dismissed on the ground that earlier a similar petition was filed which was dismissed for default - Held, dismissal for default of earlier petition does not bar..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of ownership and permanent injunction for restraining defendants from dispossessing them forcibly - Suit filed on the basis of title on the basis of sale-deeds - Held that plaintiffs were not required to pay any ad valorem court fee - Order rejecting plaint for no, payment of ad..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Non appearance of plaintiff on date fixed for hearing - Defendants not admitting case of plaintiff either wholly or in part - In such a situation, trial court has no option except to dismiss suit U.O.9.R.8 CPC - In case Court finds that party was not present because of some..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 313, 311 -- Dishonour of cheque - Complaint - Adjournment to different dates for payment of dues of complainant - Compromise failed - Petition filed to adjourn the case for further cross examination of complainant - Trial Court ought to have given a chance for cross examination of..........
Criminal Procedure Code, 1973, Section 167, Evidence Act, 1872, Section 114 -- Remand - Considered the prayer and remanded accused to judicial custody - Considered means, deemed; determined; adjudged; reasonably regarded and the expression 'Heard' has a similar meaning - Contention that remand was granted on request not accompanied by case diary which is mandatory - No..........
