Civil Procedure Code, 1908, Order 15, Rule 5 -- Non-compliance of - Striking of defence - Application of landlord/revisionist for striking of defence of defendant due to no, compliance by tenant, U.O.15.R.5 of CPC has been rejected by observing that defendant has defaulted in complying with provisions contained in O.15.R.5 of CPC but has held that whether this default is..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise between parties - Cheque amount has been deposited in account of complainant - Conviction and sentence set aside - Petitioner/accused acquitted - Revision allowed...........
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 392, 427, 506, 323 -- Dismissal of complaint - Validity - Court below has not discussed evidence to show that there is no sufficient ground for proceeding against accused person - Statement of complainant u/s 200 Cr.P.C. and statement of witnesses u/s.202 Cr.P.C. are unrebutted - There is no cross..........
Criminal Procedure Code, 1973, Section 397(2), 111 -- Interlocutory order passed u/ss 107/111 Cr.P.C. - Revision against - Maintainability - Held, revision not maintainable as S.397 (2) Cr.P.C. bars the exercise of revisional jurisdiction of High Court and Sessions Judge with respect to such an order...........
Civil Procedure Code, 1908, Order 8, Rule 16 -- Filing of counter claim - Rejection of - Validity - Plea that though counter-claim could not be allowed by way of amendment of written statement yet Court could not refuse to entertain counter-claim in this case particularly when the evidence has not so far commenced - Held, revision petition is disposed of with direction to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheques - Issuance of cheques towards refund of advance sale consideration - Nothing material has been elicited in evidence of complaint to hold that the claim made by her based is not tenable - Accused was examined u/s 313 of Cr.P.C. and it is a case of denial - Defence was not probable and inconsistent -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction by Courts below - Revision - Compromise between parties - Compounding of offence sought on the basis of said compromise - Held, prayer accepted and parties permitted to compound the offence...........
Civil Procedure Code, 1908, Section 115 -- Revisional powers - Exercise of - Delay and laches - Revision applicants did not file any application for condonation of delay in revision proceeding - Observation of revisional authority that there is no time limit or limitation provided for filing revision application - Held, observation is contrary to law - In absence of any..........
Criminal Procedure Code, 1973, Section 125(1)(a)(b), Family Courts Act, 1984, Section 19(4) -- Maintenance - Entitlement - Wife employed as teacher and drawing fixed salary - No pleading that minor child is in a position to maintain himself but admittedly he was not a party in the case filed by opposite party - Family Court was pleased to allow claim of maintenance in..........
Civil Procedure Code, 1908, Order 41, Rule 3A(1)(2) - - Appeal - Filed beyond limitation - If a revision or appeal is filed beyond period of limitation as prescribed under law then that has to be accompanied with an application u/s 5 of Limitation Act supported with an affidavit disclosing the reason for not approaching Court well within the time, and in absence of such..........
